Despite being granted a release on probation, the woman convicted in the death of a 4-year-old boy in Brownsville remains behind bars.

Karen Silva’s attorney told Channel 5 News he will file a motion on Monday to have his client released.

“We haven't been able to get her out. They acted very angry about the verdict,” Edward Stapleton said. “We're not sure if it's some form of retaliation or retribution to keep her in.”

Authorities previously said Silva would be deported once she’s released from custody.

Silva was originally sentenced to five years in prison on Nov. 20 after pleading guilty to a charge of injury to a child, elderly, or disabled individual with reckless serious bodily injury and mental impairment following the June 27 death of Logan Urbina, a student at the Learning Club Preschool where she worked.

On Dec. 18, 445th District Court Judge Gloria Rincones granted 10 years of shock probation for Karen Silva.

Logan died after he had been left in a van for nearly five hours following a field trip, according to previous reports. Silva was identified as the driver of the van.

READ MORE: 'The system failed me:' Brownsville mother reacts after daycare worker convicted in son's death receives probation

Since her sentencing, Silva has been held at the Cameron County jail and has not spent a day in state prison.

During the Thursday hearing, Silva took the stand and said she is pregnant and due in less than a month. She said she asked for probation because she’s thinking of her child, and doesn’t want to have her baby born in prison.

Silva added that she's been hospitalized multiple times because of pregnancy complications. A nurse and midwife testified that Silva's pregnancy is high risk, and she could face delayed care in jail.

In a statement, an official with U.S. Immigration and Customs Enforcement said Silva would be taken into ICE custody “upon completion of her criminal proceedings, or if she is released by local authorities.”

Stapleton previously said he expected Silva to be released on Friday. Cameron County jail records show Silva remains in custody as of Sunday evening.

“We're in a situation where the judge has ordered that she's been released, she's about to have a baby,” Stapleton said. “This systemic incompetence has killed one child already, and we're afraid it's going to kill another one."