Robyn Gardner of Frederick, Md. went missing in Aruba last August, while she was traveling with Gary Giordano, of Gaithersburg.
A judge in Aruba denied prosecutors' request to extend Gary Giordano's jail time for another 30 days, reports NBC Washington.
The 50-year-old Gaithersburg man has been detained in Aruba since August, for the disappearance and presumed death of Robyn Gardner, of Frederick, Md.
Aruban Solicitor General Taco Stein appealed the decision to a higher court, but if the appeal doesn't happen before Tuesday, Giordano will be released, and free to return home to the United States.
According to the Associated Press, Stein says the decision is a "setback." He says Giordano is "still a flight risk" and that the investigation continues. He tells AP News investigators will continue to analyze information, and if more evidence is discovered, he would request Giordano's extradition from the U.S.
Giordano has been detained on the Caribbean Island since Aug. 5, after he became the main suspect in Gardner's disappearance. Giordano says Gardner was swept to sea while the two were snorkeling.