An immigration judge has denied asylum for one of three Afghan military officers who fled a U.S. training exercise in Massachusetts to avoid returning to Afghanistan.
The judge ruled Friday that Maj. Jan Arash had not proven that he would be persecuted, rather than prosecuted, for desertion.
Arash's attorney says he'll appeal the decision.
In the meantime, Arash will remain at the Buffalo Federal Detention Center in Batavia, where his asylum claim was heard.
Arash and two other military officers were detained in September after being denied entry into Canada, where they'd planned to seek refugee status.
One of the men has since been allowed into Canada.
The other, Capt. Noorullah Aminyar is, like Arash, seeking asylum in the United States. His claim is pending.