A decision by the Eleventh Circuit Court of Appeals left open the legal discussion on whether beneficiaries of the I-220A form can be considered “admitted” and, therefore, eligible for permanent residence under the Cuban Adjustment Law after an individual evaluation.
The court, based in Atlanta, annulled this Monday the resolutions of the Board of Immigration Appeals (BIA) in the cases of two Cuban citizens and returned the files for a new review. The appeal was filed by Miami attorney Mark Prada during a hearing in December, according to the ruling.
In a six-page opinion spread by strong coffeethe judges affirmed that they have jurisdiction and ordered to reexamine the criteria applied regarding immigration admission, according to the ruling.
The court observed inconsistencies in the Government’s position on the rules that should have governed the detention and processing of migrants with I-220A, a document that does not imply formal parole. This variation, the media points out, directly impacts the possibility of applicants accessing the benefits of the Cuban Adjustment Law.
Neither benefit nor regularization, yet
The verdict does not grant automatic benefits nor immediately regularize the situation of more than 300 thousand Cubans with I-220A. It also does not convert that document into parole.
However, it forces the BIA to reconsider the cases taking into account the court’s rulings, which could influence future individual applications and pending litigation, based on the decision that takes effect in Florida, Georgia and Alabama, states under the jurisdiction of the Eleventh Circuit.
Document I-220 A, also called Form I-220A, is a parole release order that the United States Government grants to some people detained at the border and later released by immigration officials.
According to data from The Countrybetween 400 thousand and 500 thousand Cubans They received this form when crossing the southern border. Unlike those who obtained humanitarian parole, which does count for the Cuban Adjustment Act, the I-220A does not allow adjustment of status under the CAA after a year and a day in the US, according to a 2023 ruling by the Board of Immigration Appeals (BIA).
They may have a work permit and driver’s license while their cases are pending (asylum or removal), but they live in legal limbo with no clear path to permanent residency.
Deportation flights continue
Days ago, a group of 116 Cuban irregular migrants came to the island from USA on board the second deportation flight so far this year, according to the information provided by the Ministry of the Interior (Minint).
The group made up of 88 men and 28 women was transferred to the José Martí international airport in Havana, which, together with the 170 deported a week ago, brings the number of Cubans returned from that nation to 286 so far in 2026.
Another flight arrives in Cuba with migrants deported from the United States
Although deportation flights from the United States are not new, this Wednesday the Immigration and Customs Enforcement Service (ICE) confirmed that the operation that opened the transfers this year included for the first time migrants convicted of serious crimes.
Until now, it was a possibility that the Cuban authorities had rejected, and that kept irregular migrants convicted of murder, kidnapping and drug trafficking, among other accusations, in US prisons.
The most recent repatriation flight would also be marked by a change of course. Information published in digital media indicates that, apart from the deportees who arrived in Havana, they were made to believe that they were being taken to Mexico.
The same information shows that, unlike the previous flight, this time none of the expatriates had violated the laws and they had been residing in the United States for between four and five years.
