Immigration attorney Crisceidi Díaz has raised concerns on TikTok, revealing that U.S. immigration authorities are reopening cases for Cuban immigrants with I-220A that were previously closed, even if they were definitively closed. Díaz recounted a recent incident involving a client in Miami whose case, once definitively closed, was reopened following a routine ICE appointment in Miramar. The client now faces a new court date set for August of this year.
"This is happening far too frequently. It is affecting nearly everyone with I-220A who still has appointments with ICE," the lawyer cautioned.
Automatic Deportation Risk
Díaz emphasized that these changes can occur without any prior notice, leaving many immigrants unaware that their cases have been reactivated. Failure to attend the new hearings results in an automatic deportation order being issued in their absence.
"They should check the court's system, even if it says the information is unavailable. That doesn't mean the case doesn't exist," Díaz explained. She further clarified the differences between common system messages: "case information unavailable" does not imply a case isn't active, whereas "no case found" indicates there is no open file under that alien number.
She also stressed the importance of keeping their address updated with the court, even if their case appears closed or is not listed in the system. "Sooner or later, they will bring it to court, and you need to know to be present. This can lead to severe consequences," she warned those who fail to update their information as required by authorities.
Legal Context: Recent Ruling Causes Confusion
These warnings come shortly after a decision by the Board of Immigration Appeals (BIA) concerning the Matter of Q. Li, involving a Chinese immigrant but with potential implications for Cuban immigrants with I-220A. Attorney Mayron Gallardo noted that although the case doesn't specifically mention Cuba, it strengthens current lawsuits against the Department of Homeland Security for mishandling certain immigrants, which could eventually aid those released without formal parole.
However, Gallardo stressed that the ruling does not provide automatic residency or guarantee parole for Cubans with I-220A. While it may offer some long-term hope, it is neither an immediate nor a comprehensive solution.
Key Recommendation: Seek Legal Counsel
Both Díaz and Gallardo agree that each immigration case is unique. Therefore, they advise consulting with specialized attorneys rather than relying on social media interpretations or unfounded rumors.
"Constant vigilance and updating the status of your case can mean the difference between continuing a legal process or receiving a deportation order without even knowing it," concluded Crisceidi Díaz.
FAQs on I-220A and Reopened Immigration Cases
What is I-220A in the context of U.S. immigration?
The I-220A is a document issued by U.S. immigration authorities to certain immigrants, indicating their release from custody under specific conditions. It is not a form of parole or permanent residency.
What should immigrants with I-220A do if their case is reopened?
Immigrants should immediately consult with an immigration attorney to understand their legal standing and prepare for upcoming court dates. Keeping their contact information updated with the court is also crucial.
Does the recent BIA ruling directly affect Cuban immigrants?
While the ruling does not specifically mention Cuban immigrants, it highlights issues with how certain immigrants have been processed, which may indirectly benefit Cuban immigrants with I-220A in the future.