The United States Citizenship and Immigration Services (USCIS) has acknowledged the credible fear claim of Mariana Fernández León, a Cuban woman who took part in the July 11, 2021 protests. She was sentenced in Havana to four years of corrective labor for alleged crimes including assault, contempt, and public disorder. "USCIS closed the case because they lacked jurisdiction to adjudicate the asylum claim," explained immigration attorney Gladys Carredeguas to Telemundo 51.
This decision marks the beginning of her journey towards regularizing her immigration status and provides a temporary relief from the threat of deportation hanging over her and her sister, who also participated in the 11J protests.
A Life Shaped by Repression and Exile
Mariana, who was just 18 when she joined the demonstrations in 2021, shared that she fled Cuba following an arbitrary trial that sentenced her to house arrest without due process. "I escaped from Cuba because I participated in the July 11 protests and was sentenced to four years of house arrest," she stated.
In November 2022, Mariana, along with her sister Yaneris Redondo León, 31, and 40 other Cubans, embarked on a precarious journey from Cojímar. Their vessel eventually ran aground in the Marquesas Keys after a grueling 16-hour trip. Upon arrival, Mariana was hospitalized due to kidney failure resulting from dehydration during the journey.
Fabricated Charges to Silence Opposition
The Fernández León sisters were subjected to a trial in Cuba that lacked fairness, much like thousands of 11J protesters. Mariana was given a four-year corrective labor sentence, while Yaneris received seven years in prison. The court accused them of throwing stones and shouting slogans against Miguel Díaz-Canel and the police, despite an absence of documented injuries or significant damage.
After the trial, both sisters were released on bail pending appeal, yet the repression persisted. They faced constant harassment from State Security, with threats extending to their family and associates. With all legal avenues exhausted in Cuba, they chose to flee.
Facing Deportation and Non-Refoulement Violations
Once in the U.S., the sisters encountered an uncertain future. The initial denial of political asylum left their cases in limbo, with deportation looming. Organizations like Justicia 11J warned that sending them back to Cuba would mean direct imprisonment and further retaliation, violating the principle of non-refoulement, which prevents returning individuals to a country where they face persecution, torture, or inhumane treatment.
Their mother, Yosima León, residing in Florida, tearfully told local media that returning to Cuba would be equivalent to "leaving them lifeless." She sought legal support from attorney Willy Allen's firm, while activists like Salomé García Bacallao publicly urged U.S. authorities to prevent their deportation.
Progress Amid Ongoing Uncertainty
With the recognition of credible fear, Mariana sees a potential legal resolution to her predicament. However, the journey is far from over, as her sister Yaneris must still pass the same interview to begin her protection process.
Meanwhile, human rights organizations emphasize that the Fernández León sisters' situation highlights the plight of hundreds of young individuals repressed after the 11J protests, imprisoned for exercising basic rights and forced into exile to survive. The USCIS decision represents a partial victory against a regime that punishes dissent and continues to fill prisons with political prisoners.
Understanding the Cuban Protesters' Asylum Case
What does the recognition of credible fear mean for Mariana Fernández León?
The recognition of credible fear by USCIS allows Mariana to begin the legal process of seeking asylum in the United States, providing temporary protection from deportation.
Why were the Fernández León sisters facing deportation from the U.S.?
Initially, their asylum claim was denied, leaving them in a legal limbo. This put them at risk of deportation back to Cuba, where they could face imprisonment and further persecution.