Chief Magistrate Gregory Hollows ruled that 47-year-old Umer Hayat could be freed until his trial if he posted a one-point-two-million dollar bond. However Hollows gave the U-S Attorney's office until at least Friday to decide whether or not to appeal his ruling.
In a prepared statement the U-S Attorney says the ruling is being reviewed and a decision will be made soon.
Hayat's attorney Johnny Griffin the third says the bail has already been raised.
"We've had family members and others pool together their resources and have pledge them."
Last week Hayat's 23-year-old son, Hamid was formally charged with attending a terrorist camp in which volunteers were trained to conduct a holy war against the United States.
Prior to that, the younger Hayat was charged with lying to a federal agent. Hamid Hayat is being held without bail.
Attorneys for both defendants say their clients are not guilty.
No trail date has been set for either man.