An immigration judge overseeing the case of Cuban independent journalist Yosmany Mayeta Labrada has denied a motion to delay the proceedings, according to attorney Liudmila Armas Marcelo during a live broadcast. The final hearing remains fixed for July 1, 2026.
"No, the judge has not accepted to postpone the court date of July 1, so we will appear in court and try again, because often written matters have a different connotation. Maybe in person, we can persuade the judge that he needs a bit more time," Marcelo explained.
The Legal Complexity
The core legal issue involves a waiver that Mayeta requested from the Department of State at the end of 2024, which the U.S. Citizenship and Immigration Services (USCIS) has yet to resolve. Without this waiver, his application for residency under the Cuban Adjustment Act was denied, moving the case to Immigration Court.
The attorney clarified that the judge believes Mayeta did not follow the procedures in a timely manner. However, the defense argues the opposite: "In her order, the judge seems to think he has not followed the steps in time, but he did request his waiver at the end of 2024, and it has not been resolved. Without the waiver, the Cuban Adjustment Act cannot be granted."
Background and Legal Hurdles
Mayeta arrived in the United States in 2019 on a J-1 visa related to a fellowship for his journalistic work. This visa subjected him to section 212(e) of the Immigration and Nationality Act, requiring two years of residency in his home country or a waiver before adjusting his status.
When he filed his I-485 form without the waiver, his residency application was denied, and the case was referred to court after the asylum application period had expired.
"The problem is that he doesn't have relief from the court; he never filed for asylum because the period to do so had already passed when he was put in court," Marcelo noted.
Potential Solutions and Advocacy
Despite the challenging situation, Marcelo emphasized that Mayeta has a realistic chance of securing the waiver: "The waiver is based on persecution, and he can demonstrate that he cannot return to Cuba, which is essentially the same evidence required for an asylum case."
Meanwhile, the defense is considering federal agency intervention to expedite the process. "There are other options, such as asking the government or a federal agency to take an interest in his case and speed up the waiver process," the attorney remarked.
Mayeta, a member of UNPACU since 2011 and known for his project "Kuba x Dentro," has taken urgent actions in recent weeks. He visited the Capitol on June 6 to deliver letters to Representatives Mario Díaz-Balart, María Elvira Salazar, and Carlos Giménez; issued an urgent appeal to Marco Rubio; and presented documents at the State Department in Washington, D.C.
The journalist has publicly warned that deportation would lead to his arrest at the airport due to his activism against the Cuban regime.
The defense's strategy for July 1 is to appear in person and convince the judge that the delay is due to USCIS's inaction, not Mayeta's fault. "It's up to us to convince her that it hasn't been entirely his responsibility," Marcelo concluded.
Frequently Asked Questions about Yosmany Mayeta's Immigration Case
Why was Yosmany Mayeta's residency application denied?
His residency application was denied because he filed his I-485 form without the necessary waiver, which is still pending resolution by USCIS.
What is the significance of the waiver in Mayeta's case?
The waiver is crucial because it would allow Mayeta to bypass the requirement of two years of residency in Cuba, enabling him to adjust his status in the United States.
What are the possible outcomes if the waiver is not granted?
If the waiver is not granted, Mayeta faces the possibility of deportation back to Cuba, where he fears persecution and imprisonment for his activism.