Keith Byrne is to be released from prison following an order by a United States federal judge.
His immigration lawyer Thomas Griffin has also confirmed that Keith has had his deportation order frozen.
It comes after an emergency motion - a petition for writ of habeas corpus - was filed yesterday.
The Cork man was arrested by immigration officials two weeks ago for overstaying his visa when he entered the country in 2007.
But Mr Byrne's fight against deportation is not over yet.
Immigration lawyer Thomas Griffin says "he may end up deported at the end of the hearing - if we lose, ICE can come back in and take him. But during this temporary stay and release, the whole purpose is so he can make his case one more time."
Keith's family are hopeful he will be home by the end of today.
Keith's father Jim has said "It's just one victory, and they're going to have to go through it again.
But it's the first time I've spoken to Keith's wife since that happened that she wasn't crying - she was happy."