The judge did not make a ruling on Ruben Torres Maldonado's case Thursday, giving the government until midnight to submit some more paperwork.
His attorneys said they remain optimistic he may be released Friday. But he is in Brazil, Indiana as of Thursday morning at the Clay County Detention Center, which rents space to ICE.
Attorneys said they believe the judge is understanding, given the very urgent medical situation Torres Maldonado is in surrounding his daughter.
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His 16-year-old daughter, Ophelia, is in treatment for a rare and aggressive form of metastatic cancer.
She appeared in court Thursday morning in a wheelchair along with family members.
Attorneys said every day he remains in custody is a day away from his critically ill daughter and that's why they're calling for his release and an expedited hearing with an immigration judge.
Torres Maldonado is a father of two U.S. citizen children. He was detained by ICE this past weekend at a Niles Home Depot.
Attorneys claim he has been in the United States since 2003 and did attempt to go through the documentation process well before he was detained on Saturday.
This situation has been very stressful and taxing on their family, especially his daughter.
"This week she was supposed to be in the hospital getting chemotherapy and unfortunately, the emotional and physical strain of her father's detention, interfered with her being in a position to have the chemotherapy and we're hoping her father's return will get her in a position where she can get the therapy she needs to fight for her life," attorney Kalman Resnick said.
The Department of Homeland Security says he has a history of driving offenses, including driving without a valid license and speeding.
Assistant CHS Secretary Tricia McLaughlin issued the following statement:
"On October 18, U.S. Border Patrol conducted a targeted immigration enforcement operation that resulted in the arrest of Ruben Torres Maldanado, a criminal illegal alien from Mexico.
"His criminal history shows he has a history of habitual driving offenses and has been charged multiple times with driving without insurance, driving without a valid license, and speeding.
"During his arrest he did not comply with instructions from the officers and attempted to flee in his vehicle and backed into a government vehicle. He will remain in ICE custody pending removal.
"This is nothing more than a desperate Hail Mary attempt to keep a criminal illegal alien in our country. The Trump administration is fighting for the rule of law and the American people."
DHS says he will remain in ICE custody, pending removal.
His hearing is set for 9:30 a.m.