The man accused of killing his ex-girlfriend in her Kitchener apartment has applied for bail in the United States in advance of his extradition hearing.

A motion filed with the United States District Court in San Antonio, Tex., last Friday asks for Ager Hasan to be released on bail.

“He does not pose a risk of flight from San Antonio and is not a danger to the community,” the motion reads.

Hasan has been in custody in Texas since mid-July. He had spent more than two months on the lam in the U.S., while being wanted in Canada for second-degree murder in connection with the death of Melinda Vasilije.

Vasilije, 22, was found dead in her apartment on Country Hill Drive on April 28. Through documents filed with the Texas courts, authorities allege that Hasan was having trouble accepting that his relationship with Vasilije had ended, and had assaulted her a few weeks prior to her death.

At the time of Vasilije’s death, Hasan was under court orders to stay out of Waterloo Region and to not have any contact with Vasilije.

In the bail application, Hasan’s lawyer argues that Hasan is not a flight risk because he had lived in San Antonio from early May up until the time of his arrest.

The application claims bail can be justified because the evidence presented against Hasan doesn’t prove “probable cause” for him being responsible for Vasilije’s death.

The U.S. government opposes granting Hasan bail. Hasan’s extradition hearing is scheduled to start Tuesday.

With reporting by Nicole Lampa