06:59 AM PDT on Thursday, June 10, 2004

By JEREMY HAINSWORTH, Associated Press writer

VANCOUVER, British Columbia -- A Canadian immigration panel resumes hearings June 18 to decide whether one of the FBI's most wanted fugitives is a terrorist.

The FBI issued wanted posters during the manhunt for Michael Scarpitti. (KGW Photo)

The panel's decision will be an initial step for Tre Arrow, who wants to apply for refugee status in Canada, his lawyer said Wednesday.

Arrow is wanted for his alleged role in the 2001 firebombing of logging and cement trucks in the state of Oregon. The FBI claims he is associated with the Earth Liberation Front (ELF).

Obtaining refugee status would prevent Canadian authorities from extraditing him to the United States.

The Immigration and Refugee Board hearings are being held behind closed doors unless the applicant requests otherwise. Arrow was last before the board on May 31.

Due to privacy laws, the board cannot release any details or dates on future hearings, an official said.

Likewise, Arrow's lawyer, Rudolph Kischer, could not give any further details.

Canadian officials will decide if he is admissible to the country before the hearing on his application for refugee status proceeds. For that to happen, the panel must find that the ELF is not a terrorist organization or that Arrow has no links to the group.

Arrow, 30, contends that he wouldn't get a fair trial in the United States because of the FBI's assertion that the crimes he is accused of are acts of terrorism.

If the Canadian judicial panel finds in his favor, Arrow will have 28 days to apply for refugee status in Canada. Hearings would then be scheduled for the claim in a process that could take as long as six months.

If his application is refused, Arrow can apply for a review before the Federal Court of Canada.

The Canadian Department of Justice cannot discuss the issue due to privacy laws on immigration matters.

Born Michael Scarpitti, Arrow says the trees told him to change his name. He gained notoriety in 2000 by scaling the Portland, Ore., offices of the U.S. Forest Service and perching on a narrow ledge for 11 days to protest logging on Mount Hood.

In Oregon, he faces federal charges of using fire to commit a felony, destroying vehicles used in interstate commerce and using incendiary devices in a crime of violence. The charges carry combined penalties of as much as 80 years in prison.