Florida Judge Orders Release of Cuban Detained by ICE: Significance of the Ruling

A federal court in Florida has mandated the release of Emmanuel Jesús Gallegos Peña, a Cuban national who legally entered the United States through the CBP One program. After being granted parole by the federal government, he applied for permanent residency under the Cuban Adjustment Act.

Despite this, he was later detained by U.S. Immigration and Customs Enforcement (ICE) without any formal deportation proceedings initiated against him at that time.

Implications for Cuban Migrants

This ruling marks a setback for the federal government and carries significant implications for thousands of Cubans who arrived through similar channels and have pending immigration applications.

Details of Gallegos Peña's Case

Emmanuel Jesús Gallegos Peña entered the U.S. on October 10, 2023, via the CBP One appointment program. Initially, the Department of Homeland Security (DHS) granted him parole and started deportation proceedings with a Notice to Appear (NTA).

Gallegos Peña timely filed his application for status adjustment under the Cuban Adjustment Act. In April 2024, an immigration judge, with DHS's consent, closed the deportation proceedings to allow him to continue his path to permanent residency.

However, on July 2, 2026, ICE arrested him using an administrative I-200 warrant. At that time, no criminal charges or formal deportation proceedings had been initiated. A new NTA was issued ten days post-arrest, a critical factor in the court's decision.

Judicial Critique of ICE Actions

Federal Judge Sheri Polster Chappell of the Middle District of Florida granted the habeas corpus petition — case number 2:26-cv-02262-SPC-NPM — on August 12, ordering Gallegos Peña's release within 24 hours.

Judge Chappell ruled that the government violated his due process rights, stating that immigration authorities cannot detain individuals first and later justify the reasons for detention. The court emphasized that "the uncontroverted evidence showed that the Cuban followed all established procedures: he legally entered, promptly filed his application to remain in the U.S., and had not breached any criminal or immigration laws."

Rejection of Government's Legal Argument

The government attorneys argued that Gallegos Peña was subject to mandatory immigration detention under section 1225(b) of the Immigration and Nationality Act. However, Judge Chappell dismissed this interpretation, relying on a binding precedent from the Eleventh Circuit Court of Appeals set in the 2026 case of Hernandez Alvarez v. Warden, Federal Detention Center Miami.

The appeals court concluded that section 1225 primarily applies to foreigners arriving and seeking entry, while section 1226 governs specific detentions of individuals already within the United States. The Eleventh Circuit's jurisdiction includes Florida, Georgia, and Alabama, making its published rulings obligatory precedents for federal courts in these states.

Broader Impact of the Ruling

The Trump administration terminated the CBP One program on January 20, 2025, leaving tens of thousands who entered with parole in a vulnerable position. Between late 2024 and early 2026, ICE arrests of Cubans surged by 463%, while the approval rate for Cuban permanent residency plummeted by 99.8%.

For Cubans who entered using CBP One and were granted parole, the Cuban Adjustment Act — in effect since 1966 — remains the primary path to permanent residency. Judge Chappell's decision supports those like Gallegos Peña, who adhered to legal processes yet faced ICE detention before any immigration charges were formally filed.

The government was required to certify Gallegos Peña's release to the court within three days following the judicial order.