Ahmed Abu Khatallah, the Libyan national accused of orchestrating the 2012 terror attack on the U.S. consulate in Benghazi, is arguing in a federal court that he should be returned to Libya because his capture and subsequent detention on a U.S. Navy ship was unlawful.

“The government conceived and executed a deliberate plan to capture Mr. Abu Khatallah and transport him to the United States in a manner intended to facilitate the government’s prosecution while violating not only Mr. Abu Khatallah’s fundamental rights, but also domestic and international law,” Abu Khatallah’s legal team wrote in court filings Monday.