A federal judge who ordered the deportation of Sameeh Hammoudeh said Tuesday that he wouldn't object if Hammoudeh were released from jail until he leaves the country.
U.S. District Judge James Moody agreed to sign an order stating his position but said the order is unlikely to result in Hammoudeh's release.
Hammoudeh was acquitted in December of terrorism-related charges in the Sami Al-Arian case. He has been held without bail for three years pending the criminal trial. After his acquittal, he was turned over to immigration officials for deportation.
The deportation was ordered by Moody as part of another case in which Hammoudeh and his wife, Nadia, pleaded guilty to unrelated fraud charges in a deal that called for probation. Hammoudeh's wife remained free until she and her family were sent to Jordan last week.
Sameeh Hammoudeh remains behind bars while the government, it says, is negotiating with foreign officials to accept him. Hammoudeh's attorney, Steven Bernstein, said he heard Israel is blocking Hammoudeh's trip to Jordan.
Ariel Roman, spokesman for the Israeli Consulate in Miami, did not return a phone call seeking comment.
U.S attorney spokesman Steve Cole said, "As our attorney said in court, we have diplomatic negotiations that are ongoing and are very sensitive, and we are eager to resolve the situation as quickly as possible, but beyond that we can't really say anything more."
Bernstein said his next step will be to file a writ of habeas corpus, a request that Hammoudeh's incarceration be reviewed to determine whether it is legal.