The ruling compels a review of the case of two Cuban women whose applications for permanent residency under the Cuban Adjustment Act were denied.

14ymedio, Madrid, 24 February 2025 — Frustration is the feeling most widespread among groups of migrants residing in the US with I-220A status [also known as parole]. Awaiting a decision from an Atlanta court that would clarify their uncertain future, the ruling, while not negative, will keep them in limbo once again, as it returns the case to the previous instance – the Board of Immigration Appeals (BIA). “So many have been unjustly detained and deported, and we still haven’t received an answer; we remain in immigration limbo,” lamented one of them, a resident of Texas.
Expectations were high surrounding this lawsuit, an appeal before the Eleventh Circuit Court in Atlanta filed by a Miami lawyer, Mark Prada, to review the case of two Cuban women who were denied permanent residency under the Cuban Adjustment Act.
In 2023, the BIA ruled that Form I-220A could not be considered a parole document and, therefore, to apply for residency, it was mandatory to pursue political asylum through the ordinary court process. This was the position defended by the US government, which considered these entries illegal and argued that the document only allowed them to remain free until the courts decided whether they had the right to asylum.
That was the position defended by the US government, which considered those entries illegal and the document only allowed them to be free until the courts decided whether they had the right to asylum.
Prada decided to appeal that ruling, arguing that the document her clients received, and that any person detained and subsequently released, should have been parole. Immigration law states that humanitarian parole is the only option for releasing a detainee, so it was simply a matter of applying it correctly, without creating other mechanisms. continue reading
Furthermore, he believed that federal legislation had been confusing in recent years. Now, the Court acknowledges that the Government lacked a consistent policy on admissions, with the subsequent consequences this had for obtaining immigration benefits.
The Government, however, has argued that there was never any intention to “grant the benefits of a parole status that it never intended to grant.”
“After reviewing the file and with the benefit of oral arguments, we conclude that we have jurisdiction over the matter, we annul the BIA orders in both cases and we forward the files for further proceedings,” reads the ruling, which is only six pages long.
Thus, the decision remains open, as it will again depend on the BIA to rule on the specific case of these two migrants and whether it affects the more than 300,000 Cubans living in the US with I-220A permits. The ruling could also establish criteria regarding bond applications or habeas corpus petitions, which are currently the subject of much debate due to the new immigration policies of the Trump Administration.
“This is not the decision we wanted, but we’ve won several points in this battle,” the lawyer said after the ruling was announced. The attorney expressed satisfaction in some aspects. “The Eleventh Circuit rejected the BIA criterion that a person with an I-220A is not eligible for Cuban Adjustment, and none of the government’s arguments were accepted.” In addition, Prada said the decision opens the door to a class-action lawsuit in Florida, since the Atlanta court declared itself competent to hear the case.
“This is a long fight, there is a lot to do and we have many moving parts,” said the lawyer, who has another similar case open in New York, speaking to the media.
“This is a long fight, there is a lot to do and we have many moving parts,” said the lawyer, who has another similar case open in New York
Last August , Jorge Lázaro García, a Cuban with an I-220A visa, became the first known case to be granted parole and residency by an immigration judge in New Orleans under the Cuban Adjustment Act. The decision, however, was contingent upon a possible government appeal, about which there has been no further information. Experts at the time cautioned that the case was unprecedented and it was overly optimistic to expect more.
Those affected, despite the fact that the arrests of innocent people are more frequent, maintain their faith, but it is becoming increasingly difficult. “This is unprecedented. None of us imagined leaving that island prison only to arrive here and live with this uncertainty of being sent back to where we fled from. All politics is a load of crap; they play with our lives like we’re puppets. They use the people’s money and sweat to sink us instead of saving us.”
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