An attorney for a Maryland man who has spent over four years imprisoned in Cuba will argue before a federal appeals court that he should be allowed to sue the U.S. government over his imprisonment.

An attorney for Alan Gross, who was working in Cuba on a government contract when he was arrested in 2009, was expected to appear Friday before a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit. A lower-court judge threw out the lawsuit against the government in 2013, saying federal law bars lawsuits against the government based on injuries suffered in foreign countries, but Gross’ lawyers appealed.