This section contains the nature of the case and procedural background.

Xulam (D) was a well-known and admired member of the national human rights community. D had no criminal record and had lived in Washington, D.C. for the last three years. D was charged with making a false statement on a passport application when he first came to the U.S. from Canada in 1988. If convicted, D faced a sentence of six months in jail for obtaining a U.S. passport under a false name. INS got into the fray and noticed the court that they would seek deportation. D was detained pending trial in that he was alleged to have posed a flight risk. D appealed.

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