A Cuban national, previously deported back to the island, has successfully gained approval from the U.S. government to return legally, as reported by immigration attorney Elizabeth Amarán during a recent interview with journalist Juan Manuel Cao.
Attorney Amarán described the situation as a "unique" and highly unusual case, during an interview released this Wednesday.
The individual in question—whose identity has not been disclosed—was in the midst of an asylum process when an immigration judge prematurely closed his case and ordered deportation, not to Cuba, but to Ecuador, as part of the third-country deportation agreements implemented under the Trump administration.
In response, Amarán filed a Habeas Corpus in a federal court to halt the deportation process.
The federal judge granted the request and issued a specific order: the individual was not to be moved or taken out of the jurisdiction while his immigration case was under review.
Federal Order Ignored
Despite the federal order, the Department of Homeland Security went ahead and deported him to Cuba.
"The immigration department deported him to Cuba. This clearly violated the federal order. We filed a contempt action, and the federal judge ordered that he be returned to the United States," Amarán explained.
Upon confirming the violation, the federal judge ruled that the U.S. government must bring the Cuban back from the island and cover all transportation costs, including airfare.
As of the interview, the Cuban was "in the process of being returned" with a flight scheduled for the following day.
A Promised Parole
Part of the settlement resulting from this governmental error includes a promise from authorities to grant him a parole upon re-entry.
"The sweetener in this case is that we have been promised a parole when he enters the United States," Amarán noted.
This legal detail is of significant importance: previously, the individual held a Form I-220A, which does not allow adjustment to permanent residency under the Cuban Adjustment Act. By re-entering with parole, he would have a direct path to permanent residency, an opportunity previously unavailable to him.
Not a Typical Case
Amarán emphasized that this is an unprecedented case and should not be seen as a model to be easily replicated.
"It is a unique case. I really don't want to say that it will always happen this way. There are many complex factors involved," she warned.
"Many circumstances need to align, many pieces have to fit together for such an outcome to occur," she pointed out.
Challenging Immigration Environment
This case unfolds during a period of intense immigration crackdowns.
ICE's detentions of Cuban migrants surged by 463% while the approval of residencies plummeted by 99.8% during the Trump administration.
Since January 2025, over 1,901 Cubans have been deported, with a total of 5,286 deportations during both terms.
This is not an isolated instance of the government disregarding judicial orders.
Last Thursday, the Los Angeles Times reported on the case of Lázaro Romero León, a 59-year-old Cuban deported to Mexico despite a clear federal judge's order.
Unlike Amarán's case, efforts to bring Romero León back have failed for two months, highlighting the extraordinary nature of Amarán's success.
During the same interview, Amarán recounted the ordeal of Ricardo and Rosario, a Cuban couple who entered through CBP One, followed all legal steps, and were arbitrarily detained after a migration hearing. They spent seven and a half months in detention, separated, losing their home, jobs, and belongings.
"We came out with nothing, no rent, no house, no car, no job, nothing. We lost everything," Ricardo recounted.
The attorney also expressed concern about the atmosphere of fear leading many to self-deport.
"The message from this administration is: we really don't care if you've followed the law. We want as many people gone as possible. To me, that's not order," she asserted.
For Amarán, the key in all these processes is resilience: "This is a marathon. A large part of success depends on people enduring the process."
The case of the Cuban deported amidst massive deportations to third countries illustrates that legal avenues can work, although the circumstances enabling such outcomes are, as Amarán herself notes, extraordinarily difficult to replicate.
Understanding Immigration Legalities and Challenges
What makes this Cuban's case unique?
This case is unique because it involved a federal order violation, resulting in the Cuban being deported despite a judge's mandate. His successful return is rare due to the complex legal challenges and government errors involved.
What legal actions were taken to secure the Cuban's return?
Attorney Elizabeth Amarán filed a Habeas Corpus to prevent the deportation, and when the federal order was violated, she pursued a contempt action, leading to a federal judge ordering his return to the United States.
What is the significance of receiving a parole upon re-entry?
Receiving a parole allows the Cuban a direct path to permanent residency under the Cuban Adjustment Act, which was not possible with his previous I-220A form.
How has immigration policy affected Cuban migrants during the Trump administration?
During the Trump administration, there was a 463% increase in Cuban migrant detentions and a drastic 99.8% drop in residency approvals, highlighting a harsh immigration policy environment.