Irishman Keith Byrne has been released from detention in the United States after being arrested on immigration offences three weeks ago.

His family said a judge had ordered his release from detention in Philadelphia yesterday evening.

His sister Melinda say they are "thrilled" and "screamed with joy" at the news. She acknowledged that the situation is not over but was delighted that he would get a "fair hearing".

Mr Byrne's brother, who spoke on RTÉ's Drivetime, added the family were "overjoyed" with his release.

Greg Byrne said that his brother was "nervous" to see his wife and three children again following his time in detention, adding that he has a long road to go, but hopes this is the start of some positive road for him.

On his release, Keith Byrne will have to file his immigration case in a different district of Pennsylvania at a future date.

His immigration lawyer, Thomas Griffin, said that they are very pleased with the outcome.

"It is unfortunate that in this current political atmosphere we have to reach out to the federal courts to get justice for immigrants," he said.

According to the court order that has been issued in Keith Byrne's case, he is being temporarily released from the custody of the Immigration and Customs Enforcement Agency for a period of 30 days, during which time he may seek a judicial review of his case.

The order states that nothing precludes US authorities from detaining Keith Byrne or resuming removal procedures following this 30 day period, subject to any future court orders. 

A member of Keith Byrne's legal team later explained that the case is going to be moved to the Eastern District during the 30 days of the injunction ordered yesterday.

Steven Antwine said the legal team would be filing another injunction, requesting Keith Byrne's continued release and a continued stay of the removal order until the Eastern District can make a decision on whether his Green Card application was properly processed.

Mr Antwine said it may take up to eight months to adjudicate on the merits of his Green Card application.

The US Immigration and Customs Enforcement said that Keith Byrne was arrested for immigration violations and issued him with a visa-waiver removal order.

The Cork native travelled to the US on a visa-waiver programme in 2007, however, he overstayed his visa.

During his time in the US, Keith Byrne established his own painting business in Philadelphia.

He got married but attempts over the past 12 years to obtain a Green Card have been turned down, due to a previous conviction in Ireland for minor drugs possession charges.

According to court documents in the US from 2015, Keith Byrne's application for a visa was denied because he was arrested twice in Ireland for marijuana possession for which, on both occasions, he paid a fine.