The U.S. Court of Appeals for the Eleventh Circuit has reached a decision regarding the case of Yoel Pitaluga Núñez and Dayami Roldán Cruz, a Cuban couple who contested their detention and swift deportation. In their ruling, the judges partially dismissed the appeal due to mootness and affirmed the lower court's lack of jurisdiction over their claims.
According to the case file 25-13646, signed by Judges Luck, Anderson, and Dubina, the couple had already been deported while their appeal was pending, which left the court without the means to provide effective relief concerning their detention.
The couple's journey began in January 2024, when they entered the United States legally under the CHNV humanitarian parole program, an initiative by the Biden administration aimed at Cubans, Haitians, Nicaraguans, and Venezuelans. They settled in Florida.
The Key Arrest and Legal Struggles
On July 6, 2025, they were apprehended in Key West during a traffic stop for a window tint violation, as part of a joint operation between local police and ICE. That same day, expedited removal orders were issued against them, which they refused to sign.
The couple had applied for permanent residency under the Cuban Adjustment Act, and their applications had been processing for approximately nine months by the time of the court hearing in September 2025.
The U.S. Citizenship and Immigration Services indicated that these applications were "not ready to be adjudicated in the near future" and provided no timeline for resolution.
Legal Battle and Court Decisions
Their legal team filed a habeas corpus petition with the U.S. District Court for the Southern District of Florida, arguing that expedited removal was inappropriate since the couple entered under parole, which should exempt them from such proceedings. They also claimed that the Suspension Clause of the Constitution guaranteed their right to challenge the detention.
On October 29, 2025, an emergency motion to halt the deportation was filed, but the Eleventh Circuit denied it on November 17. By then, the government had already informed the court that the deportation had been executed during the appeal process.
The court's decision on Wednesday addressed two separate issues. Regarding the detention challenge, the court dismissed it as moot since the petitioners were no longer in custody following their deportation, effectively receiving the habeas relief of release.
"To the extent that the petitioners challenge their detention, their claim is now moot on appeal because they are no longer detained, as they were removed from the country during the pendency of this appeal," the resolution states.
As for the challenges to the expedited removal process, the court confirmed it lacked jurisdiction. The REAL ID Act of 2005 restricts habeas corpus in these cases to merely verifying if the petitioner is an alien, if there is a removal order, and if they have permanent resident, refugee, or asylee status.
Since the couple did not claim any of these in their appeal, the courts were unable to review the validity of the orders.
Implications for the Cuban Diaspora
This case highlights a critical procedural dynamic for the Cuban diaspora with pending immigration processes: once deportation is executed during an appeal, the detention challenge becomes moot, and judicial review margins diminish drastically.
If deported while a residency application is pending, it is considered abandoned, and the individuals must wait five years before they can legally re-enter the United States.
This Cuban couple's case underscores the complexities of the U.S. immigration system. Stay informed about deportations, appeals, and immigrant rights in our U.S. Immigration section.
FAQs on Cuban Immigration and Deportation
What is the CHNV humanitarian parole program?
The CHNV humanitarian parole program was created by the Biden administration to allow certain nationals from Cuba, Haiti, Nicaragua, and Venezuela to enter the United States legally for humanitarian reasons.
Why was the Cuban couple's detention appeal dismissed?
The appeal regarding their detention was dismissed as moot because the couple had already been deported, effectively receiving the habeas relief of release, which means they were no longer under detention.
What happens if a residency application is pending during deportation?
If deportation occurs while a residency application is pending, the application is considered abandoned. The individual must wait five years before they can legally re-enter the United States.