Immigration Courts Expedite Hearings to Deport Cubans Before I-220A Gains Parole Status

Immigration attorney Liudmila Marcelo issued an urgent warning during an interview with Tania Costa for CiberCuba. Marcelo expressed concern that Immigration Courts are rapidly advancing hearing dates for Cubans holding the I-220A form. She sees this as a calculated move to deport as many individuals as possible before the form is officially recognized as parole.

"The courts are moving so quickly, it seems like an effort to deport as many as possible before the I-220A is recognized as parole," Marcelo stated.

Marcelo paints a picture of chaos overwhelming the entire immigration system, not just Immigration and Customs Enforcement (ICE). "It's not just ICE; the whole system is overwhelmed. We are truly going crazy," she noted.

Immigrants are receiving last-minute notifications for court hearings scheduled for the following month, leaving them unprepared financially and legally. Marcelo warns that attending court without legal representation poses a significant risk: "Going to court alone is practically suicide."

The attorney explains the rationale behind this rush: if the I-220A eventually gains parole status, those already deported could file a motion to reopen their cases using form 1065, a process that requires both time and money.

"If I-220A becomes parole, you'll need to ask the judge to reopen your case. That means filing form 1065, which involves more money and time. I believe that's the intention here," she cautioned.

This alert comes amid the case of Dairon Fuentes Rodríguez, a Cuban with I-220A detained in Texas since December 4, 2025. His wife, a legal resident, is over 36 weeks pregnant. Fuentes requested voluntary departure, was taken to the airport, but Cuba denied him entry, so he was returned to the detention center. Another Cuban with an I-220B attempted to leave via Panama to Cuba but was rejected by both countries and returned to the U.S. with an electronic monitor.

Marcelo also addressed a viewer's question on whether a parent with permanent residency can assist a married child with I-220A. Her answer was clear: "Resident parents cannot petition for married children." Even if the parent were a citizen, the wait times for visa availability for married adult children of citizens are very long, and the prosecutor wouldn't close the court for that reason.

Regarding the mass notifications sent to USCIS accounts, Marcelo explained they are responses to court orders. Earlier in June, a judge ordered cases to be processed, and recently another judge inquired about pending work permits. However, she clarified that these emails do not guarantee immediate resolution. They merely indicate, "I'm processing the case."

According to Liudmila Marcelo, this doesn't mean those cases will be resolved this month, next month, or even in two months. "They simply mean, 'I'm processing,'" she said.

The legal debate over whether I-220A is equivalent to parole has dragged on for years. In February 2026, the 11th Circuit Court of Appeals overturned BIA decisions and sent cases back for review, without declaring automatic eligibility for residency. Judges in Orlando, New Orleans, and San Antonio have granted residency to Cubans with I-220A by interpreting it as valid parole, but the federal government has appealed all these rulings, keeping them in limbo.

Attorney Willy Allen had previously advised that Cubans with I-220A should never accept voluntary departure, a stance Marcelo fully supports: "As long as you're here, you have the hope that if I-220A becomes parole, you could benefit. But if you're not here, you lose that opportunity."