Omar Amin, a Sacramento resident who is fighting to stay in the United States after being accused of links to the Islamic State group, appeared in the federal courtroom in Los Angeles on Tuesday.

Amin has been accused of being a member of the Islamic State group, lying in a refugee statement and killing an Iraqi police officer. The government’s case largely depended on alleged eyewitnesses who say he led the convoy to the Rawa district in Iraq’s Al-Anbar province.

But a KCRA 3 investigation found that after two years of intense negotiations and a trip to Turkey, the lawyers got what his public defender called “devastating evidence”. Mobile phone data, “pings” of cell phone towers and eyewitness testimony led him to Mersin, Turkey, within an hour of killing an Iraqi police officer.

In a 30-page memorandum and order from U.S. Magistrate Judge Edmund Brennan in Sacramento, the court said it was not possible that Amin killed an officer in Iraq because evidence shows he was in Turkey. Brennan said the government’s version of events had “little meaning” and ordered Amin to be released immediately.

Instead of returning him to his family, Amin was taken into custody by the Immigration and Customs Service, where he was in Bakersfield on the same charges from which Judge Brennan acquitted him in April.

He is now awaiting removal from the United States

According to ICE, he lied in his statement about receiving the refugee that he had never had contact with Al Qaeda or any other armed group, had never participated in terrorist activities and about the death of his father.

On Tuesday, the Department of Homeland Security added three charges to Amin’s case. Officials claim that Amin lied that his father had been shot, that his brother had been abducted by unknown masked men, and that he had no information about his brother after the alleged abduction.

The defense denies the allegations and also questions the veracity of the evidence provided by DHS. Amin’s defense team also wants DHS to publish the information it gathered in the so-called “file A”.

File A contains information about the verification and verifications that Amin passed when his application for refugee status was approved.

Amin’s hearing is expected to continue throughout Tuesday and possibly Wednesday.

This story is evolving. Stay tuned with KCRA 3 for updates.