Immigration attorney Willy Allen III and his colleague Jeffrey Scott Shapiro achieved a significant legal win this week in a Miami immigration court. They successfully argued that the deportation agreement between the United States and Ecuador does not apply to Cuban citizens, leading to the reopening of a Cuban client's asylum case.
Allen III explained that the client had a motion to deport to Ecuador filed by the government, but the judge had pretermitted—meaning suspended—the asylum process without issuing a formal deportation order. The legal team filed a motion to reconsider this pretermission, and the judge agreed, allowing the asylum process to continue.
“It worked. However, it will be very specific and vary case by case, depending on the judge, since judges must agree with this interpretation,” Allen III explained to Tania Costa on CiberCuba.
Key Argument: Agreement Excludes Cubans
The central argument presented was that the agreement between Washington and Quito, while existent, does not pertain to Cubans. "The deportation order was based on this agreement with Ecuador. It exists, but not for Cubans, only for Central Americans," the lawyer clarified.
This precedent, although limited, is concrete: the argument is effective when there is no formal deportation order in place. "It has worked when there is no deportation order," confirmed Allen III, who had publicly announced on August 28 that he was exploring this legal avenue.
Implications for Appealing Cuban Cases
For the thousands of Cubans whose cases are currently under appeal with the Board of Immigration Appeals (BIA), the outlook remains complicated. "We still don't know what to do with the thousands of cases that are on appeal," admitted the attorney. His team is considering two potential paths: filing a direct motion to the BIA or incorporating the argument into the appeal brief when the next phase of the process arrives.
Allen III emphasized that having a deportation order does not close all avenues. "For me, it doesn't matter if there's an order; it's just that the process is a bit different to try to change that decision and reopen the asylum," he noted.
Exploring Legal Options for Deported Cubans
Regarding Cubans who might have been deported to Ecuador under this agreement, Allen was cautious but did not rule out options. "To my knowledge, no Cuban has been deported to Ecuador," he stated. However, should such cases arise, his office could explore options like habeas corpus or a lawsuit against the government for illegal deportation. "We've seen some cases of people who were illegally deported and have been returned," he pointed out.
The agreement between the United States and Ecuador was established through diplomatic notes in July 2025 and published in the Federal Register in November of that year. Effective transfers began in mid-January 2026, and by June, approximately 121 individuals of various nationalities had been relocated. Documented cases of Cubans with deportation orders to Ecuador include Alcibiades Lázaro Ramírez González and former MININT officer Rogelio Bolufé, deported in June 2026.
Parallel to this legal advancement, another significant judicial event unfolded for the Cuban migrant community: federal judge Jacqueline Becerra in Miami denied the government's attempt to dismiss the lawsuit Bello-Rubio v. Noem, which involves 992 Cubans with Form I-220A seeking its recognition as parole under the Cuban Adjustment Act.
“This is great news for all Cubans with the Ecuador motion. There are arguments to stop it, at least when there is no deportation order. This has already been approved as fact, not opinion, at least in front of a judge in Miami,” concluded Allen III.
Such judicial decisions can make a significant difference for many Cubans undergoing the asylum process. Stay informed on the latest immigration developments in the U.S. to keep abreast of cases, laws, and resources that may affect you.
Understanding the Impact of U.S.-Ecuador Deportation Agreement on Cubans
Why doesn't the U.S.-Ecuador deportation agreement apply to Cubans?
The agreement was established to apply specifically to Central American nationals, not to Cubans. Therefore, deportation orders based on this agreement for Cubans are not valid.
What can Cubans with deportation orders do to reopen their asylum cases?
Cubans can seek legal assistance to file a motion to reconsider pretermitted asylum claims if no formal deportation order exists, or challenge the validity of deportation orders by proving the agreement does not apply to them.