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A Canadian-Vietnamese man has returned to Canada voluntarily. But not before causing a bit of a snag in Nebraska, where he was prosecuted for having a part in Lincoln's biggest grow operation.

Last week, Senior U.S. District Judge Richard Kopf sentenced Cuong Ngo, 58, to time served and ordered the U.S. Marshal's office to immediately release him, under the All Writs Act, despite a detainer by U.S. Immigration and Customs Enforcement.

Kopf's May 5 order went on to say: "ICE is ordered not to interfere and is ordered not to take the defendant into custody."

The judge said Ngo, who was indicted for his part in Lincoln's largest marijuana grow house bust back in 2010, was to fly back to Canada with his daughter using his passport.

But on Monday, the Nebraska U.S. Attorney's office asked Kopf to reconsider his order after learning he didn't immediately buy an airline ticket and fly back to Canada after the U.S. Marshal released him from custody a week ago.

In the motion, Special Assistant U.S. Attorney Martin Klein said ICE officials learned Ngo's Canadian passport had expired and that he had visited the Canadian consulate in the Minneapolis area Monday.