The attorney for a Branch Davidian ordered released from jail said his client probably will be taken into custody by the Immigration and Naturalization Service.

Kirk Lyons, an attorney from Black Mountains, N.C., said Oliver Gyarfas Jr. was due to be released Friday night from McLennan County Jail on a $25,000 bond.

U.S. District Judge Walter S. Smith Jr. ordered Gyarfas — who is a material witness in the Feb.28 shootout between the Branch Davidian cult and federal agents — be released to the Salvation Army’s halfway house.

But Lyons said he expected the INS to pick Gyarfas up at the jail and transport him to San Antonio and then to the county jail in either Comal or Hays counties.

Gyarfas, an Australian, is in this country illegally.

Lyons said an INS hearing on Gyarfas’ immigration status could be held as early as Tuesday. He criticized INS officials for letting two women in the cult, who also were illegal aliens, stay in a halfway house.

“If you’re a man, you get to stay in jail,” Lyons said.

Read the Tribune-Herald's 7-part investigative series on the inner workings of the Branch Davidians. Hours after Part 2 appeared in print, the ATF raided the group's compound.

Read the Tribune-Herald’s account of the ATF raid on the Branch Davidian compound on Feb. 28, 1993. Four ATF agents and six in the compound were killed in the gunfight.

Read the daily news accounts of the 51-day siege at the Branch Davidian compound near Elk, which began Feb. 28 and lasted until April.

April 19 and beyond: FBI agents began inserting canisters of tear gas into the Branch Davidian compound in the early morning hours. By noon, it was on fire.

Federal officials left the compound site in late May 1993. As identifications of bodies continued, questions about the survivors, the compound and the cult itself began to emerge.

As the world began to take a critical look back at the events and legal proceedings continue, the ATF's bombshell report forces a shakeup at the top after the raid gone "tragically wrong."

In 1994, the surviving Davidians went on trial in San Antonio. Over six weeks, more than 140 witnesses testified, with the verdict coming just two days prior to the anniversary of the ATF raid.

The Rodenville shootout and the 1988 trial, the end of the world in 1959 and more stories from deep in the Trib archives.