According to AP, McAfee has been fighting deportation to Belize where the local plod wants a word with him about his neighbour being shot in the back of the head.
Judge Judith Secaida has apparently ruled that McAfee's detention was illegal, ordered him released, and given him 10 days to put his immigration situation in order.
It is not clear if McAfee could get some kind of temporary or transit visa to allow him to leave Guatemala. He has previously said he would like to go to the US with his 20-year-old Belizean girlfriend although the UK would do at a pinch.
McAfee was arrested for immigration violations after he sneaked into Guatemala from neighbouring Belize.
He had been planning to get asylum in the country because the Guatemalans don't like the Belize government much. However, it turned out that while the Guatemalans don't like Belize, they like US expats dodging murder inquiries even less.
McAfee claims that corrupt Belizean authorities are persecuting him and he has fears for his safety in the country.
He said he has tons of dirt on local politicians who would off him the moment he ends up in a police cell.