A man from Arkansas, detained for 30 days by federal immigration authorities after law enforcement mistook his perfume bottle labeled “Opium” for actual opium, is now seeking to have his visa status reinstated after accusations were dropped.
Roadside Detainment Results in Unexpected Detainment
Kapil Raghu, an citizen of India wed to an US citizen and pursuing US citizenship, was detained on May 3rd after law enforcement in a Benton suburb, Arkansas, stopped his vehicle for a non-moving traffic violation, as stated by his attorney.
At the scene, officers found a small perfume bottle in his vehicle labeled “Opium” and took into custody Raghu for alleged narcotics possession, despite his assertion that the bottle contained perfume and the word “opium” referred to the aroma.
“You got a vial of opium that was in your center console,” a police officer told Raghu. “Go and take a seat.”
“I was obeying all rules when stopped. I had done nothing incorrect,” stated Raghu, adding that he was making a food delivery when stopped.
His wife, the man’s partner, arrived at the location and said, “I’m confused on why he’s going to jail.”
Lab Results Confirm Fragrance, Not Opium
The Arkansas State Crime Lab concluded that the substance in the container was fragrance, not opium, yet the individual remained for three days in the local detention facility, where officials identified an procedural mistake showing his visa status had expired.
Immigration authorities then took Raghu into custody and moved him to a federal immigration facility in a Louisiana location, where he was detained for 30 days.
“My wife called nightly,” Raghu told reporters, 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.”
Accusations Dismissed, but Visa Standing Is Still Uncertain
While charges against him were officially dropped by a judicial authority on May 20th, the immigration detention created a problem in his path to becoming a permanent citizen.
Through a donation page to cover attorney costs and basic expenses, it was stated that Raghu’s employment authorization was revoked.
“Despite his release, he now faces deportation status, allowing immediate removal for any infraction, including jaywalking,” said a declaration from his attorney. “But, more crucially, this classification bars him from working and earning money for his family, which has been devastating for them.”
Formal Request Sent to Resolve Visa Issues
The individual submitted a formal request to ICE’s legal office this week, detailing his situation and inquiring whether his legal standing could be rectified through proper legal channels.
His correspondence stated that his immigration attorney had “failed to timely file the required paperwork before my visa expired, which left me vulnerable and placed me in my current situation”.
“My spouse, my main supporter, now bears all financial responsibilities since I cannot work,” read the document from him. “Increasing legal costs and my inability to provide have made family life very hard and difficult to handle.”
Federal authorities, which manages immigration enforcement, did not immediately provide a response regarding this situation.