On Hispanic Day, immigration attorney Willy Allen provided clarification during a live broadcast on CiberCuba alongside host Tania Costa, regarding the October 9 hearing concerning the 992 Cubans with the I-220A form. According to Allen, the proceedings did not result in any judicial decision. The date marked the deadline for the U.S. government to submit its arguments, he explained.
"There is still no decision, and none was expected that day. Remember, it was the deadline for the government to present its case on why this shouldn't be a general action, why it shouldn't be a specific action," Allen elaborated.
On October 9, the government filed a new motion to dismiss the amended lawsuit Bello-Rubio v. Noem (case number 1:25-cv-23665) before Federal Judge Jacqueline Becerra of the Southern District of Florida. The argument was based on the lack of federal jurisdiction and the absence of a legally valid claim.
Allen emphasized that the filing of this motion does not imply that the lawsuit has been dismissed; the judge still needs to review both sides' arguments before reaching a conclusion.
What's Next for the Plaintiffs?
The responsibility now shifts to the plaintiffs. According to Allen, attorney Mark Prada and his team have until October 23 to respond to the government's motion: "They have the right, and they will surely exercise it, to respond to what the government has submitted. Currently, everything is on paper."
Looking ahead, Allen speculated that Judge Becerra will likely not make a decision in isolation. "I suspect she will consolidate all pending cases before making a future ruling," he predicted.
The litigation has an intense procedural timeline. The judge previously denied an initial motion to dismiss on September 10, allowing the case to proceed. A week later, the plaintiffs filed an amended lawsuit, which the government countered with this new motion.
The Legal Debate: I-220A vs. Parole
The core issue revolves around whether the I-220A form—a supervision release order issued by ICE—can be legally equated with parole, which would enable the plaintiffs to apply for permanent residency under the Cuban Adjustment Act of 1966.
The government argues that no court can retroactively convert an I-220A into parole nor does it have the authority to grant the requested relief. Estimates suggest that between 400,000 and 600,000 Cubans are in a similar immigration situation as the plaintiffs, although the current case only involves 992 individuals.
In parallel, Allen warned of a generalized tightening of bonds in immigration detention cases, linked to a recent decision by the Board of Immigration Appeals published on October 7. The attorney noted that since 2025, immigration judges have started denying bonds using minor traffic fines as justification. "Fines that were never taken seriously in the past. Since 2025, they have been used as reasons to deny detention bonds," Allen stated.
The next critical date in the case is October 23, when the plaintiffs must submit their response to the government's motion. Afterward, Judge Becerra will have both parties' complete arguments to make a decision.
The case involving the Cubans with I-220A remains ongoing. For updates on immigration processes, visas, and judicial decisions impacting the Cuban community, stay connected with U.S. Immigration coverage.
Key Questions about the I-220A Case
What does the I-220A form signify for Cuban immigrants?
The I-220A form is a supervision release order issued by ICE. It is central to the legal debate on whether it can be equated to parole, which would allow Cuban immigrants to apply for residency under the Cuban Adjustment Act of 1966.
What is the significance of the October 23 deadline?
October 23 is the deadline for the plaintiffs to respond to the government's motion to dismiss the amended lawsuit. This response is crucial for the case to progress.
How might Judge Becerra approach the case moving forward?
Attorney Willy Allen anticipates that Judge Becerra will consolidate all pending cases before making a future decision, rather than ruling on the current case in isolation.