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.