HIV-positive asylum seeker from San Jose released from ICE facility

SAN JOSE, Calif. (KGO) -- A gay, HIV-positive San Jose man who was held at an immigration detention center in Florida for more than a month, has been released.

Denis Davydov is expected to land at San Francisco International Airport on Thursday evening.

Davydov is from Russia and had been seeking political asylum in the U.S., but was detained while traveling back from vacation.

What was supposed to be a week-long vacation to the U.S. Virgin Islands, ended with him being detained by U.S. Customs and border protection.

Back in 2014, Davydov came to the U.S. from Russia on a tourist visa and applied for political asylum shortly thereafter.

CBP declined to comment on this specific case, but released a statement saying: "Each visitor to the U.S. is considered for admission on a case-by-case basis and may in some cases be refused entry if a determination is made that the visitor is attempting to enter the country in violation of terms of their visa, or other applicable U.S. laws."

However, legal advocates say Davydov did everything right and had permission to be here. "We don't ever want to panic the community, but this is certainly not business as usual, and it is quite unnerving," immigration equality spokesperson Jackie Yodashkin said.

There's no word on if any charges against him have been dropped.

ABC7 News reporter Chris Nguyen contributed to this story.