Florida-based immigration attorney Liudmila A. Marcelo is urging Cubans holding the I-220A form to resist having their cases closed in court. She warns that if they've been in the United States for less than two years, they face the risk of detention and expedited deportation upon leaving their court hearing. "What's happening in the courts these days?" Marcelo questions. "People come to their hearings, some with legal representation and others without. Regardless, the Department of Homeland Security is currently seeking to have cases 'dismissed' and removed from court. If you've been here for under two years and the prosecutor moves to drop charges, leaving you without a court case, you could be swiftly deported."
Marcelo emphasizes the gravity of the situation, stating, "With less than two years here, you become subject to expedited deportation, as seen with ICE agents' actions. This isn't just happening in Miami but across various states." This week, several I-220A immigrants were detained after their cases were dismissed in court.
Her advice to those attending court with less than two years in the U.S. is clear: whether or not they have asylum claims, they should not allow judges to agree to the prosecutor’s dismissal. "The prosecutor will ask to withdraw charges. You must insist, 'No, I disagree with this dismissal.' Request that the prosecutor provide a written statement so you can formally respond and appoint an attorney."
Marcelo advises that if the judge still proceeds with the dismissal, individuals should assert, "I want to reserve my appeal." Regardless of detention, families must be prepared to find legal representation quickly.
Marcelo shared these insights during an interview with CiberCuba, discussing cases like that of Beatriz Monteagudo, a Cuban with I-220A who was detained in March after an ICE appointment in Miramar, Florida, and held in a San Diego detention center for two months. Marcelo, representing Monteagudo pro bono, secured her release with a $4,100 bond just days before an Immigration Appeals Board ruling that could have complicated her bail.
In the interview, Marcelo also covered topics such as deportations to Sudan for Cubans with criminal records, and clarified issues around CBP One and Humanitarian Parole. She emphasized options for Cubans with I-220A, such as applying for residency in court. "This serves as a strategic step if judges later recognize I-220A as parole," Marcelo explains. She stressed the importance of not relying solely on residency applications, as decisions hinge on judicial and governmental discretion. "Prepare both residency and asylum cases thoroughly, as convincing judges on asylum is increasingly challenging," Marcelo advises, offering tips on how to effectively prepare asylum cases.
Understanding I-220A and Immigration Challenges
Why is it important for Cubans with I-220A to keep their court cases open?
Keeping the court cases open prevents expedited deportation, especially for those who have been in the U.S. for less than two years. A closed case could lead to immediate detention and removal from the country.
What actions should individuals take if a judge agrees to dismiss their case?
Individuals should reserve their right to appeal and ensure they have legal representation. It’s vital to request that any decision made by the prosecutor be documented in writing to allow for a formal response.
What are the potential consequences of a case dismissal for I-220A holders?
A case dismissal could lead to an expedited deportation process, as individuals lose their legal standing in court, making it easier for ICE agents to detain and deport them.