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LAKE PLACID - A Russian figure skater accused of stealing a car and driving drunk has returned home.

Federal immigration officials rescinded a detainer issued to Andrei Lutai, 23, allowing him to return home to Russia, according to Brian Barrett of Lake Placid, Lutai's attorney.

"The immigration hold was cancelled on him," Barrett said. "He was able to go home."

U.S. Immigration and Customs Enforcement can order an inmate held on a detainer for up to 48 hours after he has been released from a local jail so ICE can investigate the person's immigration status.

Barrett wasn't even aware a detainer had been placed on Lutai until he found out it was cancelled. He didn't know why.

"It was their decision," Barrett said. "I just got a fax that said 'Immigration detainer cancelled.'"

Barrett had feared his client wouldn't be able to leave the country while facing two felony charges: third-degree grand larceny and third-degree criminal possession of stolen property. Village Justice Margaret Doran refused to dismiss those charges during a felony hearing last week because she hadn't received a motion to dismiss from Essex County District Attorney Julie Garcia and no one from the DA's office showed up for the court session.

Lutai, an Olympic hopeful who was in Lake Placid to compete in the Skate America event, was arrested Nov. 15 after he allegedly stole a Chevrolet Impala parked on the street next to Central Garage and drove the vehicle while intoxicated. The keys had been left inside the vehicle.

Lutai has pleaded not-guilty to the felony counts along with two misdemeanors: aggravated driving while intoxicated and unauthorized use of a motor vehicle. He spent three nights in the Essex County Jail before being released on his own recognizance.

Barrett hopes to be able to represent his client in upcoming court proceedings without Lutai having to return to the U.S.

"There's various defects in the case that I will try to argue without him being here," Barrett said, although he did not say what those defects might be. "If I don't proceed on those defects, then I may need him to come back here at some point to give live testimony. But I don't anticipate that happening before the Olympics."

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Contact Chris Knight at 891-2600 ext. 24 or cknight@adirondackdailyenterprise.com.