In September 2009, Kuby appeared on behalf of Ahmad Wais Afzali, an imam accused of lying to authorities in a terrorism related case. Afzali had told Najibullah Zazi that authorities were asking questions about him. Kuby mocked the charges against Zazi as internally inconsistent and the very idea that Afzali would deny having a conversation that he knew had been taped. Kuby won Afzali's release on bail and negotiated a plea bargain to a reduced charge of lying to agents, with deportation in lieu of imprisonment.