The agents' recommendation for immediate deportation was overturned by the INS when Mrs. James told a contradictory story about how she and her son had been smuggled into the United States.
Mrs. James originally told Border Patrol Agents Keith Olson and Raymond Ruiz that she and her son were smuggled into the US aboard a ship (see I-213 narrative by Agent Olsen)
Agent Olson incorrectly classified her and her son as stowaways on the I-213.
The classification was not overturned, it was changed because Mrs. James and her son were not properly classified and never told anyone they stowed away on a ship. BP agents do not charge anyone, they make recommendations and turn them over to the Deportation Officer who makes the final charge and decides to prosecute or not.
The problem here is the INS policy to allow certain classifications of illegal aliens to be set free on bond. No alien should be released, once apprehended, regardless of how they entered the country.
They should be detained and removed form the country immediately, unless they can show immediate proof that their lives would be in jeopardy upon returning to their home country.