Cubans who entered the United States through the CBP One program and have active immigration court cases while awaiting residency approval face a significant risk of deportation if the judge does not grant them more time, warns immigration attorney Liudmila Marcelo in a conversation with Tania Costa for CiberCuba.
Marcelo clarifies that the only legal recourse in such situations is to file repeated motions requesting continuances, essentially postponements of the final court date, to allow time for the U.S. Citizenship and Immigration Services (USCIS) to approve residency. However, if the judge systematically denies these requests, the situation becomes extremely challenging.
"If the judge is unwilling: first, they close your case. There's no way around it. You submit motion after motion, asking for a continuance to delay the final court a bit to see if the residency comes through, but if the judge refuses everything, there's nothing you can do," the attorney stated.
Exploring Asylum as an Alternative
In such scenarios, the only remaining option is to argue an asylum case, though Marcelo cautions that this is not a strong option for many immigrants. "Many of these people who came through CBP ONE, particularly Cubans, do not have a strong asylum case, and thus the deportation order looms over them."
The situation becomes even more dire if the immigrant has not even filed for asylum. "And if they haven't filed for asylum, then the deportation order also looms over them," Marcelo emphasized.
Geographic Variability in Court Rulings
The outcome heavily depends on geography, Marcelo points out. "It varies greatly by judge and jurisdiction," she specified. In places like Orlando and Miami, there is more leniency, with some judges setting more distant final court dates and closing cases once residency is attained. However, this is not the case in other states.
"Texas and even New York are quite stringent in these CBP ONE circumstances," Marcelo warned, highlighting the reluctance of these courts to grant additional time.
Residency Approvals at a Standstill
This issue arises amidst a near halt in residency approvals for Cubans, with a staggering 99.8% drop between February 2025 and January 2026.
When asked if any recent residencies have been approved, Marcelo bluntly replied, "Only the one I'm telling you about with the young couple," referring to a single case that was resolved.
The overwhelming caseload in courts exacerbates the problem. Marcelo describes massive hearings where judges handle up to 100 cases in the morning and 80 in the afternoon, slowing down the entire process and leaving little room for those affected to respond.
The CBP One program was terminated by the Trump Administration in January 2025, leaving thousands of Cubans with parole in a state of immigration uncertainty. According to ICE data, around 42,000 Cubans have deportation orders issued by a judge, although they are not yet in custody.
Marcelo further noted that some judges are setting final court dates as far out as 2026 or even 2027, providing minimal preparation time.
"Some judges are scheduling final court dates a bit further out, while others are setting them closer to 2027, late 2026. So there's very little time to prepare," she remarked.
Understanding Deportation Risks for Cubans in the U.S.
What legal actions can Cubans take if a judge denies more time for residency approval?
Cubans can file multiple motions requesting continuances to delay the final court date, hoping to gain time for USCIS to approve their residency. However, if these motions are denied, options become limited.
Why is geography important in immigration court outcomes for Cubans?
Geography plays a significant role as different jurisdictions and judges have varying levels of flexibility. For instance, some areas like Orlando and Miami are more lenient, while others like Texas and New York are stricter.
How has the termination of the CBP One program affected Cubans?
The end of the CBP One program left thousands of Cubans with parole in a state of uncertainty, as they face potential deportation orders without clear pathways to resolve their immigration status.