Attorneys Liudmila Armas Marcelo and Yelena Guerra from the Guerra Law firm achieved a significant victory on Wednesday when the Immigration Court dismissed the deportation proceedings against Cuban independent journalist Yosmany Mayeta Labrada. This decision concludes a seven-year legal limbo for Mayeta, who is well-known for his project "Kuba x Dentro."
"We WON," Mayeta declared on his Facebook page, providing no further details.
The final hearing took place this Wednesday after weeks of intense legal activity and urgent negotiations with federal institutions. Previously, on June 19, the immigration judge had denied a postponement motion filed by the defense, firmly setting the hearing date for July 1.
Background and Legal Challenges
The legal complexities began in 2019 when Mayeta entered the United States on a J-1 visa linked to a scholarship for his journalistic work. This visa category, under section 212(e) of the Immigration and Nationality Act, requires either two years of residence in the home country or a waiver from the State Department before being eligible for the Cuban Adjustment Act.
The situation worsened because, as attorney Marcelo revealed, Mayeta initially handled his case through a notary who failed to meet the three necessary requirements: "He applied with someone who is not a lawyer, he applied with a notary. This person didn’t fulfill these three requirements."
This oversight led to the denial of his permanent residency application and the case being moved to the Immigration Court after the deadline to apply for asylum had already passed.
Efforts and Advocacy
Since late 2024, Mayeta had also been waiting for a waiver decision from the State Department, which the U.S. Citizenship and Immigration Services (USCIS) had not processed by the time of the hearing.
Marcelo and Guerra took on the case pro bono on June 6, 2026. Their strategy in court was to demonstrate that the delay was not Mayeta's fault but rather due to inaction by the USCIS. "It's up to us to convince her that it wasn’t entirely his responsibility," Marcelo had noted ahead of the hearing.
In the weeks leading up to the hearing, Mayeta embarked on a vigorous campaign for support. He visited Capitol Hill to deliver letters to Congress members Mario Díaz-Balart, María Elvira Salazar, and Carlos Giménez, made an urgent appeal to Marco Rubio, and presented documents at the State Department in Washington, D.C.
Risk of Deportation and Its Implications
A member of the Patriotic Union of Cuba (UNPACU) since 2011, Mayeta had warned that deportation would result in immediate imprisonment in Cuba due to his opposition activism and work documenting power outages, repression, and corruption in Santiago de Cuba.
Marcelo highlighted Mayeta’s vulnerability: "If this were an asylum case, we all know that Mayeta’s history almost guarantees asylum because he has substantial evidence and is well-known, and the repercussions of him returning to Cuba are significant."
Upon taking on his defense in early June, Mayeta expressed relief at finally having specialized legal representation: "The battle is not yet won. But for the first time in a long while, I feel like I’m not fighting it alone."
Understanding the Legal Case of Yosmany Mayeta
Why was Yosmany Mayeta facing deportation?
Yosmany Mayeta faced deportation due to procedural issues with his initial residency application, which was mishandled by a notary. This led to the denial of his permanent residency and his case being transferred to Immigration Court.
How did the legal team successfully halt Mayeta's deportation?
The legal team, led by Liudmila Marcelo and Yelena Guerra, demonstrated that the delays in processing Mayeta's case were due to USCIS inaction, not Mayeta's fault. This argument convinced the Immigration Court to dismiss the deportation proceedings.
What risks would Mayeta face if deported to Cuba?
If deported to Cuba, Mayeta risked immediate imprisonment due to his activism with the Patriotic Union of Cuba and his work documenting government repression and corruption.