Attorney Liudmila Marcelo Observes Growing Trend of Judges Rejecting Video Appearances for I-220A Clients

Immigration attorney Liudmila Marcelo reported a shift in the behavior of judges in Miami and Orlando who previously allowed video appearances for clients but now require in-person presence, increasing the risk of detentions by ICE (U.S. Immigration and Customs Enforcement) as individuals exit the courtrooms after their asylum cases are closed. She highlighted that nearly all judges used to permit video appearances, but recently, two or three more judges in Miami have joined those who insist on in-person attendance, a trend also seen in Orlando. This change raises the possibility of case dismissals and subsequent detentions at the courts.

Marcelo elaborated on the current situation for Cubans with I-220A. "Asylum case dismissals for I-220A are still happening in the courts, and individuals facing dismissal are getting detained right there. This is entirely negative for those with I-220A. There's no consistent criteria; it doesn't matter if you've been here for over two years or have a pending case, dismissals are occurring, and people are being detained," she stated.

However, there are also new developments. Marcelo mentioned the Matter of Q. Li case, noting her success in achieving four case terminations based on it, as judges recognize the potential for individuals to seek residency through USCIS. A judge in El Paso specified in his order that the individuals were granted parole under the law, making them eligible for status adjustment. Marcelo views this as a significant positive step, though she questions whether USCIS will consider the judge's decision when granting residency.

Last week brought another decision, stating that judges are not obligated to terminate cases if it's highly speculative that USCIS will grant parole. This complicates matters for many who had their cases terminated based on their Cuban status and the possibility of receiving parole from USCIS. Although it doesn't completely close the door on terminations, it makes the process more challenging. Marcelo emphasized that while some judges might continue to consider Matter of Q. Li, others may deny terminations, leaving I-220A holders to rely on family petitions or defend their asylum cases.

In a one-hour program on CiberCuba, Marcelo addressed viewers' questions, discussed visa restrictions for those linked to drug-related issues, shared information on the Trump Administration's deportation policies, and provided guidance on returning work permits if requested by USCIS. She also touched on the massive visa denials related to the Diversity Lottery and the Travel Ban, expressing hope for increased exceptions to these restrictions for Cubans.

Birthright Citizenship

Regarding the recent court decision allowing the Trump Administration to pursue its plan to end birthright citizenship in the U.S., Marcelo warned of potential risks for babies born in non-challenging states. She clarified that the Supreme Court did not rule on the government's right to eliminate birthright citizenship for children of undocumented immigrants but decided that a District Court lacks the authority to impose a general order to halt a presidential order. This means the pause can only benefit plaintiffs in the case, leaving the citizenship status of many newborns in jeopardy, including those of Cubans with I-220A.