Forty-one-year-old Matthew Nolan, who was accused of a murder that took place in 2005 in Costa Rica, will return to the Central American country not to face homicide charges, but to contest the charge that he used a fake identity, the daily Chicago Tribune reports.

Nolan, who has spent the last 16 months in a Chicago prison, is the brother of Christopher Nolan, the British-American director of the famed Hollywood movie “Batman.”

Matthew Nolan was arrested in February 2009 after he was leaving a bankruptcy hearing in the United States. He is believed to have kidnapped Florida accountant Richard Cohen and held him for ransom.

When the kidnapper's demands were not met, Cohen was killed and left under a bridge on the Chirripó River in Costa Rica's Caribbean province of Limón.

According to the Chicago Tribune, Nolan will not be extradited to face murder charges. A U.S. judge ruled there is insufficient evidence to find him guilty. He will only face charges of using false documents.