Hernan Rafael Castro, a longtime U.S. resident and green card holder, was arrested in late May after allegedly providing a false answer on his 2022 naturalization application. According to court records, Castro failed to disclose a past drug-related arrest from his teenage years, which federal prosecutors say amounts to a “knowingly false certification.”
Castro, who has lived in the U.S. for more than two decades and runs an herbal business called Desert Alchemist in Tucson, Arizona, is currently in U.S. Marshals’ custody. He pleaded not guilty to all charges in June and is awaiting a detention hearing now scheduled for August 20.
Why This Matters
Castro’s case has drawn attention amid a broader crackdown on immigration under new federal priorities. President Donald Trump has promised the largest mass deportation effort in U.S. history, targeting both undocumented immigrants and those with legal status, including green card holders. Immigration and Customs Enforcement (ICE) has ramped up enforcement efforts, with legal residents increasingly being detained for past offenses or administrative errors.
A July 9 Customs and Border Protection advisory underscored that green card holders can be detained for prior convictions and reminded the public that “possessing a green card is a privilege, not a right.”
Details of the Case
Castro’s trouble began when he submitted Form N-400, the application for naturalization, in June 2022. One question asked whether he had ever “sold or smuggled controlled substances, illegal drugs, or narcotics.” He reportedly answered “no,” despite a drug-related arrest in his youth. A federal indictment followed in May 2024, and he was taken into custody on May 31.
Federal law requires immigration applicants to fully disclose all past offenses. Even minor omissions can have major consequences, potentially leading to the denial of citizenship, loss of green card status, or deportation.
Court documents show that both Castro’s attorney and the government are still working through the evidence, including documents relevant to his detention. For now, his legal ability to stay in the U.S. hinges on how the case unfolds.
Community Response
Castro, known in his community for his passion for mushroom cultivation and herbal foraging, has received an outpouring of support. A GoFundMe campaign set up by friend Casiana Omick has raised more than $33,000 to help with legal expenses.
“Hernan is being unjustly punished despite going through all the legal avenues of citizenship,” Omick wrote. “This case highlights a significant issue in our immigration system, where individuals can be torn from their families even after living here legally for decades.”
Immigration attorney Linda Dakin-Grimm told The Guardian that omissions, even unintentional ones, can be enough to revoke someone’s immigration status. “Misrepresenting something, leaving something out can result in your status being taken away,” she said.
What’s Next?
Castro’s rescheduled detention hearing is set for 10 a.m. on August 20 before Magistrate Judge James E. Marner in Tucson, Arizona. The outcome will determine whether he remains in custody while the case proceeds — and could influence whether he’ll be allowed to stay in the country he’s called home for over 20 years.
This article has been carefully fact-checked by our editorial team to ensure accuracy and eliminate any misleading information. We are committed to maintaining the highest standards of integrity in our content.
Katie is a senior who has been on staff for three years. Her favorite type of stories to write is reviews and features. Katie’s favorite ice cream flavor is strawberry.
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