There is also the possibility that if he goes back, even if there is a lack of evidence that he was operating the original Seals site (which is known to have existed before he purchased his first Bitcoin in June 2011), that they might charge him with a second offense of operating the current SwCPoker site. Would they be that unfair?
That may explain the delay, if they've been gathering evidence that SwC is offering gambling to Nevada residents, in order to have that charge available in case Micon decides to shut down SwC and return to fight the charge. By US law, it doesn't matter where Micon is, only that he serves Nevadans. Yes, that's really stupid, but governments are generally so about the internet. Of course it's still more likely they were just slow getting off their butts to develop evidence from the seized materials.
In case anyone is worried, I withdrew 12 BTC when I heard about this last night and it was in my wallet in the normal timeframe. (Not because I'm panicking but because it reminded me that I had way more there than I actually need.)