MIAMI , Florida ( CNN ) -- An illegal immigrant dishwasher who lost $ 49,000 to the U.S. government as he tried to take it home to Guatemala will get some of the money back , his attorney said Wednesday . Pedro Zapeta , an illegal immigrant , managed to save $ 59,000 while working as a dishwasher for 11 years . Pedro Zapeta was `` very , very happy '' when he learned about a federal appeals court ruling that says he is entitled to recover some of the money , said attorney Robert Gershman , who handled the financial end of Zapeta 's case . Zapeta was carrying $ 59,000 in cash when he was stopped at a security checkpoint at Fort Lauderdale-Hollywood International Airport in 2005 . He told authorities he was returning home to Guatemala with the money he had saved working illegally as a dishwasher over 11 years . But federal law requires that anyone leaving or entering the country with $ 10,000 or more must declare it . Because Zapeta had not done so , he was detained , and his money was seized . The 11th U.S . Circuit Court of Appeals ruled Monday that the judge who fined Zapeta applied an incorrect standard in determining the amount to be forfeited . The appeals court ordered a hearing to set a new fine . `` I am extremely happy , '' Gershman said . `` Even though he is not a citizen , it shows he has equal rights . '' Gershman has said Zapeta , who does not speak English , was not trying to conceal the money but did not know the law . Zapeta had paid taxes on the earnings , he said , and under legal guidelines should be fined at most $ 5,000 for failing to report that he was traveling with the cash . Circuit Court Judge James Cohn instead fined Zapeta $ 49,000 , all the money he was carrying over the $ 10,000 limit . `` The government always acted as if the money was their own , '' Gershman said . `` They acted almost entitled to it . But it 's not their money . It was Pedro 's , and the [ appeals ] court affirmed that . '' Zapeta said last year that he had saved the money to build a house for himself and his family in his home village in the Guatemalan mountains . He returned to Guatemala this year under the threat of deportation , but his lawyers continued to argue that his fine was excessive . Federal prosecutors in Miami did not immediately respond to a request for comment on the decision or on whether they will appeal to the U.S. Supreme Court . As Zapeta 's case was publicized , U.S. residents donated money to him , and Gershman set up a trust . It has received about $ 15,000 in donations , he said .
" Zapeta was stopped in jail trying to take $ 59,000 home to Guatemala . Zapeta had paid taxes on the money , did n't know he had to declare it , attorney said . He was fined $ 49,000 and left jail under threat of deportation . New ruling says judge applied wrong standard and Zapeta can get some back .