 One of the government's tactics has been to deny release to people who are "paroled" into the United States, meaning that they are physically allowed into the country while their status is being determined.Technically, they are not considered to be "in" the country 

Martinez was held by INS until after the decision in 2005.Benitez was paroled and released to family sponsors, two days after his case was heard by the Supreme Court, October 15, 2004.