Subu Vedam, the State College man who spent 43 years in prison on a now-overturned murder conviction, is asking for a federal court to intervene in his detention.

Vedam is currently being held in custody at an Immigration and Customs Enforcement (ICE) detention center, despite a judge ruling over a week ago that he could remain in the U.S. He was released from Huntingdon state prison in October after a Centre County judge vacated his conviction, but was immediately detained by ICE for a deportation issue issued in the 1990s, based on a separate, decades-old conviction for selling LSD when he was 19.

The government is seeking to deport Vedam to India, where he was born in 1961, before his parents moved back to the United States when he was nine months old. Vedam was a green card holder about to earn his citizenship when he was arrested in 1982.

Immigration judge Adam Panopoulos granted his waiver from deportation on April 2, stating his “good moral character.” However, the Department of Homeland Security has a 30-day appeal period, and Panopoulos denied Vedam’s request to be released on bond for the period on April 9.

The judge said that his ruling did not change a previous ruling in February by a different judge, who said that Vedam is subject to mandatory detention until his case is resolved.

Vedam is now asking a federal court to intervene and order either his release from the ICE processing center or a bond hearing to determine if he can be freed while the government decides if it will appeal the rule blocking deportation.