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An Arkansas resident, held for 30 days by US Immigration and Customs Enforcement (ICE) after law enforcement misidentified his perfume bottle labeled “Opium” for real opium, is now attempting to have his immigration standing restored after charges were dropped.

Traffic Stop Leads to Unexpected Arrest

Kapil Raghu, an citizen of India wed to an US citizen and working towards American citizenship, was apprehended on May 3rd after police officers in Benton, Arkansas, pulled him over for a minor traffic infraction, according to his legal representative.

At the scene, officers found a small perfume bottle in his vehicle marked “Opium” and arrested the man for alleged narcotics possession, even though his explanation that the container contained perfume and the name “opium” indicated the scent.

“You got a vial of opium that was in your center console,” a police officer told Raghu. “Go and take a seat.”

“I was not doing anything wrong when he pulled me over. I was following all regulations,” stated Raghu, adding that he was making a food delivery when pulled over.

Ashley Mays, Raghu’s spouse, reached the scene and expressed, “I don’t understand why he is being arrested.”

Lab Results Confirm Fragrance, Not Narcotics

The Arkansas State Crime Lab determined that the material in the bottle was perfume, and not opium, yet the individual spent 72 hours in the local detention facility, where officials found an “administrative/legal error” indicating his immigration status had expired.

Immigration authorities then took Raghu into custody and transferred him to a government detention center in a Louisiana location, where he was detained for one month.

“My wife called nightly,” Raghu explained to media, speaking beside his spouse. “Crying, and my stepdaughter putting a Bible on her chest, crying. My stepdaughter was crying a lot. And she [Mays] was planning to sell her cars and move to some other country where we can live happily.”

Accusations Dismissed, but Immigration Status Remains Uncertain

Although charges against Raghu were dismissed by a judicial authority on 20 May, the immigration detention created a problem in his path to becoming a permanent citizen.

Through a donation page to pay for attorney costs and living costs, it was stated that Raghu’s work visa was canceled.

“Despite his release, he now faces deportation status, allowing immediate removal for any infraction, including jaywalking,” said a declaration by his attorney. “But, more crucially, this classification bars him from working and earning money for his family, which has been devastating for them.”

Legal Appeal Submitted to Address Immigration Issues

Raghu submitted a formal request to ICE’s legal office this recently, detailing his case and asking whether his immigration status could be resolved through official procedures.

In the letter stated that his legal representative 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. “Increasing legal costs and my inability to provide have made family life very hard and difficult to handle.”

Federal authorities, which oversees immigration enforcement, did not immediately provide a response regarding Raghu’s case.