BOSTON -- The attorney for two local men arrested in connection with the failed bombing in New York City's Times Square said the men were not involved directly or inadvertently with the incident.

On Tuesday, one of the men, Pir Khan, was ordered held without bail.

The attorney for both Khan and his cousin, Aftab Ali, also known as Aftab Khan, confirmed the two were planning to leave the country in early June to return to Pakistan. But attorney Saher Marcarius said immigration officials had been officially notified of their plans and their departure had nothing to do with the Times Square bombing attempt.

"They have no involvement whatsoever. And the evidence is vivid and clear," Macarius said. "I'm baffled about how people could expect two poor individuals to support such an event -- not somebody who makes $10 for taxi rides or somebody who works in a gas station who gets a tip every once in a while and pumping gas for $8 or $7 an hour."

Macarius said it is unlikely the men inadvertently helped finance the bomb threat.

"These people work very hard for their money. They are very shrewd about how to pass money back to their family. If they don't trust the source to pass the money back home, they would not do it," Macarius said.

Macarius said Khan is in the country legally, and he is appealing a denial of his request for asylum. Ali is not in the country legally, Macarius said. Both men are married to American citizens.

Macarius did not know if Khan married his wife to help him get American citizenship, or if the man already had a wife in Pakistan.

"I did not have that discussion with him, but that would be a shameful issue to do, to have," he said.

Macarius said it's unclear if it's a legal or common law marriage.

Macarius accused federal officials of going on a "fishing expedition."

"Government threw out a big net and wanted to catch as many fish as possible. And when they found out that not everyone in the net belongs to the investigation, the government did not do the right thing, which is release these people," he said.

Macarius said he also doesn't know if Ali's marriage to a school teacher is legitimate. Ali will appear before an immigration judge on Thursday.

Macarius said he will appeal Tuesday's decision to hold Khan without bail.