Florida immigration attorney Willy Allen has once again addressed the immigration status of Cuban musician Yosvanis A. Sierra Hernández, popularly known as Chocolate MC. The artist was recently released on bail after nearly a month in detention, allegedly under a 2022 deportation order and with a criminal record accumulated over his eight years in the United States. Allen describes Chocolate MC as fortunate and blessed, given the current immigration pressures in the country. He advises the musician to do two things: treat his lawyer to lunch for the excellent work accomplished and seek a third country to relocate to before facing deportation to nations like Sudan or El Salvador, since Cuba refuses to accept his deportation.
"Chocolate was lucky," Allen stated. "The criminal court granted him bail, allowing his release, and Homeland Security did not pick him up. ICE, the Immigration Police, hasn't taken him in. It's a blessing he should use positively. However, I still recommend that he self-deport. He has a final deportation order and can't legalize his status in the U.S. due to his criminal record, but he's free for now. This freedom lasts as long as ICE doesn't engage with him."
Allen remains uncertain about the arguments Chocolate's lawyer used to secure his client's release on bail, given his criminal history. "Who knows?" Allen pondered. "Maybe the DHS secretary is a fan of reggaeton and Chocolate's music. I don't know what exactly transpired, but he's blessed. If I were him, I'd take his lawyer out for a nice meal for keeping him here and free. But this doesn't change the fact that he should now explore where he can rebuild his life, outside of Cuba. Frankly, whether in the short or long term, it won't be the United States either. I advise him to consider a third country for his future, as his stay here might be limited," Allen expressed during his live immigration program on CiberCuba's Facebook every Monday at 11 AM Miami time.
Allen compared Chocolate's good fortune to that of other Cubans with I-220B forms who have been deported to Cuba, despite having family and jobs in the U.S. and no criminal records. Unfortunately, the Cuban regime accepts them back for this very reason: they lack criminal backgrounds. This was the case for Víctor Manuel Izquierdo Peralta, a 21-year-old Cuban father deported to Cuba on April 24th, despite maintaining a clean record in the U.S. His only "offense" was crossing the border as a minor to reunite with his legally resident mother and grandmother.
On the other hand, Allen noted the different situations of two Cubans deported to South Sudan, both with criminal histories, including certain degrees of homicide. They are reportedly in a U.S. military base in Djibouti, and Allen believes they deserved deportation to a third country due to failing to seize the opportunity America provided to start fresh outside Cuba.
During Monday's CiberCuba program, Allen also expressed concern over recent statements by Mike Hammer, the U.S. Embassy's Chargé d'Affaires in Havana. Last week, Hammer confirmed that U.S. immigration laws are being enforced more strictly, particularly those denying visas to individuals with recent ties to the Cuban Communist Party (PCC).
Key Questions about Chocolate MC's Immigration Status
What advice did Willy Allen give to Chocolate MC?
Willy Allen advised Chocolate MC to treat his lawyer to lunch and to consider relocating to a third country before facing possible deportation to places like Sudan or El Salvador, given Cuba's refusal to accept his deportation.
Why is Chocolate MC considered fortunate according to Allen?
Allen considers Chocolate MC fortunate because he was granted bail by the criminal court, allowing his release, and has not yet been taken by ICE, despite having a final deportation order and a criminal record.