An Arkansas resident, held for one month by federal immigration authorities after officers mistook his perfume bottle labeled “Opium” for actual opium, is now seeking to have his immigration standing reinstated after charges were dropped.
Kapil Raghu, an citizen of India wed to an US citizen and pursuing American citizenship, was detained on May 3rd after police officers in Benton, a city in Arkansas, stopped his vehicle for a non-moving traffic violation, according to his attorney.
At the scene, police discovered a tiny fragrance container in his vehicle marked “Opium” and arrested Raghu for suspected narcotics possession, despite his explanation that the container held perfume and the name “opium” indicated the scent.
“There was a container of opium in your console,” an officer informed Raghu. “Go and take a seat.”
“I was not doing anything wrong when he pulled me over. I was following all regulations,” said Raghu, adding that he was making a food delivery when pulled over.
Ashley Mays, the man’s partner, reached the location and said, “I’m confused on why he’s going to jail.”
The Arkansas State Crime Lab concluded that the material in the container was fragrance, not opium, yet the individual spent 72 hours in the local detention facility, where authorities identified an “administrative/legal error” indicating his immigration status had expired.
ICE officers then detained him and transferred him to a government detention center in a Louisiana location, where he was held for 30 days.
“My wife called nightly,” he told media, talking beside his wife. “They were both weeping, with my stepdaughter holding a Bible. She cried frequently. My wife considered selling our vehicles and relocating abroad for a better life.”
Although charges against Raghu were dismissed by a judicial authority on May 20th, the immigration detention caused a problem in his path to gaining citizenship.
Through a donation page to cover attorney costs and basic expenses, it was stated that Raghu’s employment authorization was canceled.
“It is my understanding that, though released, Kapil now has a ‘deportation’ status, meaning he can be immediately deported for any minor offense, even jaywalking,” reads a statement by his attorney. “But, more crucially, this classification bars him from working and earning money for his family, which has been devastating for them.”
The individual submitted a letter to ICE’s legal office this week, detailing his case and inquiring whether his immigration status could be rectified through official procedures.
His correspondence explained that his immigration attorney had “did not submit necessary documents on time before my visa lapsed, making me susceptible to my present circumstances.”
“My wife, who has always been my greatest support, is carrying the entire financial burden alone, as I am currently unable to work,” read the document by him. “The mounting legal fees and the pressure of not being able to contribute have created a difficult situation for our family, and it has become increasingly challenging to manage.”
The Department of Homeland Security, which oversees ICE, has not yet offered a response regarding Raghu’s case.
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