The uncle of President Barack Obama, Onyango Obama, has an upcoming deportation hearing to determine whether or not he can remain in the United States. This is a follow-up to a 1992 ruling that he had to leave the country that has not been adhered to, reports the Associated Press.

Unlike the president, Onyango Obama was born in Kenya and is not a citizen of the U.S. The half-brother of the commander in chief’s late father was ordered to leave the country 20 years ago when he didn’t renew his application to remain here longer and has since been trying to appeal the ruling, claims the AP.

The Executive Office for Immigration Review has been sent Obama’s immigration case by the Board of Immigration Appeals for reevaluation, according to Brian Hale, a U.S. Immigration and Customs Enforcement spokesman. The AP claims the spokesman refused to comment any further on the immigration issue.

There have been no other comments from Obama’s attorney, P. Scott Bratton, or spokespersons from the Executive Office for Immigration Review.

The possible deportee’s attorney has said in the past that the 68-year-old’s deportation is a technical error. Bratton claims that Obama moved to the United States in the 1960s to live with a host family and attend school as a teenager.

The AP notes that the president’s aunt and Onyango’s sister, Zeltuni Onyango, was permitted to stay in the country in 2010 after a deportation order she also faced.

President Obama has sections of his book “Dreams from My Father” where he retraces his roots in the late '80s in a trip to Kenya. The president speaks of an Uncle Omar in the book, who shares a birthday matching that of Onyango.

Two decades after Onyango’s deportation was ordered, the issue was brought back up after he was arrested in Framingham, Mass., a suburb of Boston, last year. He was charged with drunk driving, with the arresting officer claiming he failed to stop at a stop sign and almost caused the policeman to crash into him.

Onyango admitted sufficient facts in the case. This meant that the accused felt the prosecution had enough evidence to convict him but did not plead guilty to the actions.  

The AP reports that a judge has continued the case for a year without a finding, which means that if Obama refrains from getting arrested in that time frame, his charges will be dropped.

Onyango has not made contact with the White House in regard to his drunk-driving arrest. White House officials have also claimed that that they expect his arrest to be executed like any other.

After he was arrested for drunk driving, Onyango allegedly told officers he would use his phone call to contact the White House. No contact was made, according to Obama’s attorney.