An immigration judge in Arizona has approved a status adjustment for Dayan Hernández-Medina, a Cuban citizen with I-220A, according to a ruling from the Florence Immigration Court under the Executive Office for Immigration Review (EOIR).
The law firm Alianza Americas USA, representing Hernández, shared exclusive insights revealing that the Department of Homeland Security (DHS) initiated the proceedings while the Cuban national faced deportation.
After a hearing in January, the Court granted an Adjustment of Status under INA § 245(a). The DHS had a 30-day window to appeal this decision but chose not to.
From Deportation to Freedom
The order indicated that requests related to international protection, such as asylum, withholding of removal under INA § 241(b)(3), and withholding under the Convention Against Torture (CAT), were dismissed with prejudice.
Documents detailing the deportation order that loomed over the Cuban were submitted to CiberCuba by his attorneys. Initially, the Court deemed Hernández inadmissible under section 212(a)(6)(A)(i) of the Immigration and Nationality Act (INA).
Although the DHS reserved the right to appeal, the deadline set for February 5, 2026, passed without action. Consequently, Hernández remained free under the judge's initial ruling.
This case sets a significant precedent for I-220A Cubans, offering a strong legal argument for pursuing residency in court. Hernández is the first Cuban to secure residency while detained by ICE.
Immigration Policy Impact on Cuban Nationals
In December 2025, the 11th Circuit Court of Appeals in Atlanta held a pivotal hearing concerning the immigration status of thousands of Cubans released with the I-220A form.
Attorney Mark Prada argued that the releases were mishandled and should have been processed as parole, a status that would allow those affected to apply under the Cuban Adjustment Act.
Attorney José Guerrero explained that a favorable ruling could directly impact Cubans in the 11th Circuit states, serving as a persuasive precedent in other U.S. courts.
Experts noted that the decision might take months and could even reach the Supreme Court, leaving immediate outcomes uncertain.
Legal Challenges and Hopes for Cuban Immigrants
In early 2026, attention turned to the Second Circuit Court of Appeals in New York, where a similar case aimed to redefine the immigration status of over 400,000 Cubans with I-220A.
During the January 7 hearing, attorney Mark Prada reiterated that the I-220A should be recognized as a valid record of admission under the Cuban Adjustment Act, potentially allowing holders to apply for permanent residency.
The case, focused on migrant Aguilar Díaz, was seen by many legal experts and activists as a pivotal moment, with a favorable decision potentially setting a nationwide legal precedent.
The Cuban community in the United States closely monitored the case, hopeful that the courts would acknowledge the rights of those currently stuck in a migration limbo.
Understanding the Cuban Adjustment Act and I-220A
What is the significance of the I-220A form for Cuban immigrants?
The I-220A form has been pivotal in legal arguments for Cuban immigrants seeking residency. It has been interpreted by some as a valid record of admission, which could help Cubans apply for permanent residency under the Cuban Adjustment Act.
How could this case impact other Cubans with I-220A?
This case sets a legal precedent, providing a robust argument for other Cubans with I-220A to seek residency. If recognized as a valid admission, it could significantly affect their legal standing in pursuing residency under the Cuban Adjustment Act.
What are the potential outcomes of the 11th Circuit Court of Appeals hearing?
A favorable ruling could impact Cubans in the 11th Circuit, setting a persuasive precedent in other courts. However, it could take months for a decision, which might be appealed to the Supreme Court, leaving outcomes uncertain.