Federal inmate Jay Abregana, who has been held in prison more than a year past his release date, must wait at least a few more days for freedom.

Chief U.S. Judge Helen Gillmor last week ordered Abregana's release after turning down a government request to commit the defendant to a mental institution for treatment and evaluation.

Abregana, 38, is a convicted sex offender and the first man to be tried in Hawai'i under a federal law that allows involuntary mental commitment of prisoners deemed to be serious risks to commit new acts of sexual violence or child molestation.

Gillmor ruled last Friday that the government failed to prove that Abregana "is a sexually dangerous person who would have serious difficulty in refraining from acts of child molestation."

Assistant U.S. Attorney Law-rence Tong yesterday asked Gillmor to delay Abregana's release until at least Friday while the government decides whether to appeal the case.

Abregana's lawyer, U.S. Deputy Public Defender Pamela Byrne, urged Abregana's immediate release, saying he finished serving his prison sentence more than a year ago but it still in custody.

Gillmor granted Tong's request, saying she wants to make a decision in the matter by noon Friday.