A Cuban mother reached out during a weekly program hosted by Immigration attorney Willy Allen on CiberCuba, led by Tania Costa. Her plea was for assistance regarding her son, an Uber driver detained at the Montgomery ICE Processing Center in Texas, where the legal climate for immigrants is particularly challenging.
"I am his mother writing from Cuba. My family and I have struggled to pay for the attorney," she shared during the program, where Willy Allen was addressing questions about Cuban cases in the United States.
Allen did not mince words when describing the legal situation her son faces: "Texas is part of the Fifth Circuit, and frankly, habeas corpus petitions in Texas and Louisiana are currently in a dire state."
The attorney explained that many judges in the Fifth Circuit are referring habeas corpus petitions to the full panel of judges, complicating and prolonging individual cases for detainees in that area.
When asked by the mother what steps she could take, Allen emphasized the importance of the lawyer she had already hired. "The attorney has to fight it now," he stated.
The mother revealed to CiberCuba that her son, Frank Yanuyr Arzuaga-Castellón, was arrested while driving a passenger from an airport to a military base in Austin, Texas. She did not specify the circumstances or reasons given by authorities for the arrest.
The young man remains in immigration custody, according to his mother, who insists he has fulfilled his obligations in the United States.
"I am desperate. My son is practically alone," she lamented, as she continues to monitor the situation from Cuba.
The family has had to gather funds to hire an attorney to file a habeas corpus petition, a legal action challenging the legality of a detention.
The mother further explained that she and her son's siblings in Cuba have sent money to cover legal fees. These funds have been channeled through a paternal aunt living in Miami.
This case highlights the uncertainty faced by numerous Cuban immigrants holding an I-220A in the United States, a document granting release on recognizance that does not equate to an immigration parole.
Currently, the charges or legal grounds for the detention are unknown, and it's unclear whether the attorney has filed the legal petition.
As she awaits updates, the mother continues seeking help from Cuba for her son, who remains detained far from his closest relatives.
This situation mirrors the challenges confronting many Cuban families. Texas falls within the federal Fifth Circuit, along with Louisiana and Mississippi, known for its historically restrictive immigration stances. In February 2026, the Buenrostro-Mendez v. Bondi ruling established that migrants without formal admission could face mandatory detention without automatic bail hearing rights, complicating habeas corpus relief in the region.
Meanwhile, 992 Cubans with I-220A forms are pursuing their legal battle before federal judge Jacqueline Becerra in the Southern District of Florida. On October 9, the U.S. Government filed a new motion to dismiss the class-action lawsuit, citing lack of jurisdiction and insufficient legal claims. The plaintiffs have until October 23 to respond to the government's motion.
Regarding this case, Allen expressed cautious optimism. "I am hopeful," he remarked about Judge Becerra's pending decision.
The case of the young Cuban detained in Texas underscores the complex legal challenges many immigrants face in the United States. Stay updated on detentions, deportations, and immigrant rights in our U.S. Immigration section.
Understanding Legal Challenges for Cuban Immigrants in Texas
What is the Fifth Circuit's role in immigration cases?
The Fifth Circuit, which includes Texas, Louisiana, and Mississippi, is known for its stringent immigration policies and often sends habeas corpus petitions to a full panel of judges, complicating and lengthening individual cases.
What is an I-220A form?
An I-220A is a document that grants release on recognizance to immigrants, but it does not provide the same rights as an immigration parole, leaving many in legal uncertainty.
How can Cuban families from abroad support detained relatives in the U.S.?
Families can support detained relatives by hiring legal representation to file petitions such as habeas corpus and providing financial support for legal fees, often through relatives in the U.S.