A North Carolina judge has issued a deportation order "in absentia" for a Cuban woman who had an I-220A form and passed away in June 2025 due to terminal cancer. The decision was made this Tuesday in court, citing insufficient evidence to prevent her deportation.
Immigration lawyer Willy Allen III, who represented the case of the deceased Cuban woman, shared the news. She succumbed to terminal cancer three months ago, yet the court proceedings continued.
Allen III explained on his weekly CiberCuba show, airing every Friday at 11:00 AM Miami and Cuba time (5:00 PM Europe), that after his client's death, he submitted two motions to close the case. The first was denied, and the second went unanswered.
Ultimately, he had to defend the case in North Carolina court this week, where he was astonished as the judge declared the deceased woman's deportation "in absentia," due to a lack of sufficient evidence to decide otherwise.
Legal Challenges for Cubans with I-220A
On the basis of this case, Allen III believes that currently there are very few options to avoid detention once a Cuban with I-220A is arrested during their ICE appointment. This diminishes hope for the case of another I-220A Cuban, a cancer patient recently detained in Dallas, Texas.
Willy Allen III mentioned that during his court visits, he observed the persistent pressure from ICE agents. He also noted that arrests have not ceased at the Miramar office in Florida.
Future Prospects for I-220A Holders
According to him, immigrants are now viewed merely as statistics, with ICE agents focused solely on meeting the detention quotas set by former President Trump.
Nonetheless, Allen III remains hopeful, suggesting that arguments expected to be presented in December could redefine the I-220A forms as a type of parole. This would allow those with the form, currently stuck in legal limbo, to benefit from the Cuban Adjustment Act once a ruling based on these arguments is issued, potentially in the first quarter of 2026.
In the meantime, Allen advises I-220A holders to maintain a low profile and remain optimistic, stating, "We are going to win." He is convinced that the arbitrary issuance of I-220A forms at the border will serve as a strong argument to classify them as a legal entry, akin to a parole. Many families who crossed the border together found themselves split, with some receiving I-220A forms and others receiving parole, allowing only part of the family to benefit from the Adjustment Act.
Key Questions on I-220A and Deportation
What is an I-220A form?
An I-220A form is a document issued to certain immigrants, which can affect their legal proceedings and status in the United States.
Why was the Cuban woman deported posthumously?
The judge cited a lack of sufficient evidence to prevent deportation, leading to the decision to deport her "in absentia" despite her passing.
What are the implications for other I-220A holders?
Other I-220A holders face challenges in avoiding detention and legal uncertainty, but potential legal arguments might soon redefine their status under the Cuban Adjustment Act.