[goatlover]

So is smoking weed according the US federal government. Whether there is an actual harm being caused that should result in detainment is another matter. I'd argue ripping people away from their lives is a greater harm (via deportation or imprisonment).

[0xy]

That's for the courts to decide, and in this case his Habeas Corpus petition was denied and he has a final order of removal signed by an immigration court judge, who is not a part of the administration.

His I-485 is ineligible, period. He entered under the VWP, which makes you ineligible for any adjustment of status. His case would have been denied, undoubtedly.