A Massachusetts prosecutor says he'll continue to pursue a criminal case against President Barack Obama's uncle even though federal immigration officials have released him from custody.

Middlesex District Attorney Gerry Leone said Friday he'll pursue state charges against Onyango Obama stemming from his Aug. 24 arrest on a drunken-driving charge.

Federal immigration officials took Obama into custody shortly after that incident on allegations he violated an order issued nearly two decades ago to return to his native Kenya.

Immigration and Customs Enforcement spokesman Brian Hale says Obama was released Thursday and was ordered to regularly check in with the agency.

Leone says he'll pursue the criminal case because drunken drivers pose a significant public safety risk.

Obama is the half-brother of the president's late father. His lawyer won't comment.