A 79-year-old retired Sanford optician who faces deportation for his criminal past after living in the United States since he was five will remain in federal custody while an immigration judge decides whether she can rule on his request to be released on bond.

“There is a legal issue in your case that is a little complicated that I am going to have to think about, so I won’t be making a decision on your bond today,” Judge Romy Lerner told Paul John Bojerski at a bond hearing Tuesday at the Krome Detention Center in Miami.

“Unfortunately, no matter what I decide, the government may appeal my decision, which may involve you remaining in detention even if I were to grant the bond,” she added.

A lawyer for the Department of Homeland Security at the hearing confirmed that she would appeal

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