BUFFALO, N.Y. (AP) — One of three Afghan military officers detained after fleeing a U.S. training exercise to avoid returning to Afghanistan has been allowed to make a refugee claim in Canada.

A U.S. Immigration and Customs Enforcement spokesman confirms Capt. Mohammad Nasir Askarzada was turned over to Canadian authorities on Tuesday.

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His lawyer, Razmeen Joya, says Canadian immigration agreed to reconsider Askarzada’s request to make a refugee claim after she submitted documents showing he has a close relative in Canada.

Askarzada, along with Maj. Jan Arash and Capt. Noorullah Aminyar, took a cab from Massachusetts to New York in September and walked into Niagara Falls, Ontario. The three say they fear Taliban retribution in Afghanistan because of their work with U.S. soldiers.

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Arash and Aminyar remain in custody near Buffalo pending deportation proceedings.

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