Willy Allen III Alerts: No More Extensions for Finding a Lawyer in Immigration Court

A recent ruling by the Board of Immigration Appeals (BIA) has put an end to the common practice of granting extensions for immigrants to secure legal representation before their hearings. Attorney Willy Allen III warns that this change particularly endangers Cubans appearing before the courts.

"I want to add something else: when I was in Japan, a decision came out stating that judges no longer have to give people time to find a lawyer. It's no longer necessary," Allen III explained in an interview with Tania Costa for CiberCuba.

The decision underpinning this shift is Matter of A-K-R-, issued by the BIA on August 14, 2026. In this ruling, the court deemed it appropriate for an immigration judge to deny an additional continuation to find an attorney due to a lack of "good cause." The only remaining safeguard is that the initial hearing cannot take place less than 10 days after the notice of appearance.

Previously, it was standard practice for judges to postpone the hearing by at least two months for the immigrant to obtain representation. "It's not like before, where you showed up without a lawyer and they would say: well, I'll postpone the court, come back in two months with a lawyer. That won't happen anymore," Allen emphasized.

The attorney noted that with judges appointed by the Trump administration, the likelihood of them granting such leniency voluntarily is slim. "It can still happen, but before, it was the common practice. Now it's not. So, if you have a new Trump judge, I doubt it will happen," he pointed out.

Challenges in the Immigration Court System

This change comes amid immense backlogs overwhelming the Miami Immigration Court, where judges are tasked with handling up to 70 initial or preliminary hearings per day. Since about a week ago, virtual appearances via WebEx have been discontinued for most cases, and starting September 8, 2026, physical presence will be mandatory for all non-detained cases.

Given this congestion, Allen III advises arriving at court by 7:00 a.m. for hearings scheduled at eight in the morning. "If you have court at eight, go at least an hour early to enter," he warned, adding that those caught in line should take timestamped photos to potentially appeal or reopen the case if the judge issues an absentia order.

Attorneys, however, are not required to wait in line and can enter the court directly to inform the judge that their client is waiting outside. This operational advantage strengthens Allen's core argument: "It's more important than ever to have a lawyer accompany you to court."

The risk for those appearing without representation is twofold: if they arrive late due to congestion, they may receive a deportation order in absentia; and if they arrive without a lawyer, the judge is no longer obligated to grant them time to find one. In June 2026, Allen III warned that attending a final merits court without legal representation could almost certainly end in deportation.

Impact on Cuban Immigrants

The numbers highlight the severity of the issue: Between October 2025 and June 2026, more than 4,000 Cubans in Florida received deportation orders, with 1,642 cases recorded nationwide just last June, according to data from the TRAC project.

This shift in immigration courts is just one of many challenges affecting Cubans in the U.S. Stay updated with all the details in our Immigration in the U.S. section.