Holders of the I-220A form are facing an unexpected challenge: their immigration court hearings are being rescheduled en masse without warning. This abrupt change can leave them scrambling to prepare or secure legal representation while awaiting a decision from the Board of Immigration Appeals (BIA).
Immigration attorney Liudmila Marcelo issued this warning in an interview with CiberCuba, highlighting an escalating sense of urgency within this community.
"Please, you need to check the EOIR system at least twice a week. We've received numerous calls in the past two weeks from people who didn't have a court date and now do, or from those whose hearings were set for 2028 or 2029 and now have been moved up to June or early July," Marcelo advised.
Monitoring the EOIR System
The system Marcelo refers to is the EOIR (Executive Office for Immigration Review), accessible through the Automated Case Information System (ACIS) at acis.eoir.justice.gov.
Marcelo shared specific examples from her own practice: "I had clients with final hearings in 2028, but one of the new judges moved them up to September of this year."
Implications for Court Date Changes
The situation differs depending on whether the individual has an active court date. Those without an assigned hearing are in a less immediate predicament, free from the immediate pressure of a judge or the need to defend an asylum case before the BIA's decision. However, those with scheduled hearings face a more daunting scenario.
"Some judges are granting continuances of court dates while awaiting the BIA's decision," Marcelo explained. Her strategy involves filing motions for postponement before each final hearing.
"It's very difficult for judges to grant these because they have directives not to delay court dates; in fact, they are instructed to advance them," she acknowledged.
Consequences of Rescheduled Hearings
A critical point is the domino effect: when a master hearing is moved up, the final hearing is automatically advanced, further compressing the time available to respond.
Regarding deportation risks, Marcelo identified three primary reasons:
- Failing to comply with a judge's order to submit documents on time
- Motions to dismiss based on cooperation agreements with third countries, such as Ecuador for Cubans
- Motions to dismiss due to an apparent lack of asylum grounds
Recent Developments and Legal Strategies
There is, however, a positive update for some cases: the penalty for those entering the country after March 2023 through non-legal means like CBP One was recently dismissed.
"That's a positive development," Marcelo noted, expressing optimism that similar outcomes might occur for motions based on third-country agreements, as lawsuits are pending against them.
The definitive ruling from the BIA, which could determine whether the I-220A is equivalent to a parole and thus allow access to the Cuban Adjustment Act for these individuals, is still awaited.
Meanwhile, Marcelo's advice remains clear: "Don't assume you won't have a court date because one can be assigned, and don't trust that your hearing set for 2028 or 2029 won't be moved up, as many already have been."
Understanding Changes in Immigration Court Dates for Cubans
Why are immigration court dates being rescheduled for I-220A holders?
Court dates are being moved up without notice due to directives aimed at expediting hearings. This creates challenges for individuals to prepare or seek legal representation.
What should I-220A holders do to stay informed about their court dates?
Attorney Liudmila Marcelo advises checking the EOIR system at least twice a week to monitor any changes in court dates.
What are the primary risks of deportation for I-220A holders?
The main risks include failing to comply with document submission orders, motions to dismiss based on third-country agreements, and motions dismissed due to perceived asylum claim weaknesses.