The prosecutor attempting to uphold the deportation proceedings against Cuban independent journalist Yosmany Mayeta Labrada encountered an insurmountable barrier this Wednesday: a waiver approved by the U.S. Department of State supporting Mayeta, and a judge who refused to overlook it.
Attorney Liudmila Marcelo, alongside Yelena Guerra, successfully secured the dismissal of all charges against Mayeta in Immigration Court. Marcelo recounted the pivotal moment during the hearing.
At 11 a.m. on Tuesday, the lawyers and Mayeta gathered without yet having the critical piece of their case. "I was the most pessimistic in the team, saying: this won't be resolved, it won't arrive today," Marcelo admitted. Yet, two hours later, the situation dramatically shifted.
"At 1 p.m., we received the message we'd been waiting for—the step Mayeta needed to further his residency," explained the attorney. This message was the approval of the 'waiver' (immigration pardon) from the Department of State, a document validating the risk of persecution Mayeta would face if deported to Cuba.
The prosecutor acknowledged the significance of this development. "This is a very pleasant surprise, and it benefits you," he said before the judge. Despite this acknowledgment, he attempted to obstruct the process.
Judicial Intervention in Deportation Proceedings
It was then that the judge intervened with a decisive argument, eliminating any room for maneuvering. "After this, what more do you want to wait for?" she asked the prosecutor, adding that the court lacked jurisdiction over Mayeta's residency once the waiver was approved: "I have no jurisdiction."
Going further, the judge questioned the logic of keeping the case open. "What are we going to do with a court case that will only waste government resources on something that can't be resolved here?"
Marcelo, who hosts a program with Tania Costa on CiberCuba every Wednesday at 11 a.m., emphasized the gravity of the prosecutor's position. "We're not talking about something trivial; we're talking about the same Department of State saying [yes] to Mayeta," Marcelo pointed out. She concluded with a phrase summarizing the outcome: "Who goes against the Department of State? The prosecutor did, and he lost."
Background and Legal Maneuvering
The case reached this juncture after weeks of urgent efforts. On June 19, the judge denied a motion for postponement filed by the defense, setting an unmovable hearing date for this Wednesday. Days earlier, Mayeta had urgently appealed to the Department of State and Cuban-American congress members, aware that deportation would mean immediate detention upon landing in Santiago de Cuba.
Attorneys Marcelo and Guerra, who took the case pro bono just a month prior, had prepared alternative scenarios for each potential move by the prosecutor. However, the judge resolved several of these scenarios directly, granting even more than the defense anticipated.
The result was a complete dismissal of the charges, effectively erasing the process, leaving Mayeta free to continue his permanent residency process with USCIS without any pending deportation orders.
Understanding the Waiver Process
When asked about the waiver granted to Mayeta by the Department of State, Marcelo explained that the Cuban journalist and dissident needed the immigration pardon because individuals entering with a J visa must first meet the requirement of residing for two years in their home country to adjust status. This, of course, was not feasible for Mayeta due to the risk of detention.
"There are two options: you either request a letter from your country's embassy stating they don't oppose forgiving that requirement, or you request a pardon from USCIS, and in this case, through the Department of State and USCIS, which is what he had to do," Marcelo explained. "The embassy wasn't going to provide a non-objection letter, so he had to pursue the waiver."
Marcelo added that when Mayeta first applied for residency, he did so with a notary and didn't submit the waiver. This omission led to his residency denial, which subsequently resulted in his court case, as individuals denied benefits by USCIS are often then placed in court, which is why he ended up in court in May 2025.
"His first court appearance was in June 2025. So, it wasn't that he had been in court for a long time, but the final court date arrived quickly, putting us on a tight schedule," Marcelo stated. "What he needed was an immigration pardon to waive the two-year residency requirement in his home country before adjusting status."
Key Questions About Mayeta's Immigration Case
What is the significance of the waiver from the Department of State in Mayeta's case?
The waiver signifies that the U.S. Department of State acknowledges the risk of persecution Mayeta would face if deported to Cuba. This support was crucial for dismissing the charges against him and allowing him to continue his residency process without deportation threats.
Why did the judge question the prosecutor's position in the Mayeta case?
The judge questioned the prosecutor's position because the court no longer had jurisdiction over Mayeta's residency once the waiver was approved. Continuing the case would have been a waste of government resources.