If you're holding an I-220A form and you receive a deportation order, there's a crucial legal avenue that must not be overlooked: as long as your appeal is pending before the Board of Immigration Appeals (BIA), that order is on hold and cannot be enforced.
This was explained by immigration attorney Liudmila Marcelo during this week's program, where she addressed the Cuban community's queries regarding steps to take after receiving a deportation order.
"As long as you have a pending appeal, that deportation order is suspended and cannot be executed. While you're in this state of suspension, any favorable developments related to the I-220A will also benefit you," stated Marcelo.
This implies that throughout the BIA process, which may span two to three years, any legal advancements associated with the document will also apply to the appellant. The deadline to file an appeal using the EOIR-26 form is 30 days from the judge's decision.
Facing the Challenge with Resolve
Host Tania Costa acknowledged the difficulty of the situation but emphasized resilience. "With all we've endured, crossing jungles and the sea on rafts, now is not the time to give up. We must stay strong," she urged.
Differences for Those with Bonds
The attorney also highlighted the distinct challenges faced by those with bonds instead of I-220A. Marcelo noted that individuals with bonds face a more complex situation, though not necessarily hopeless.
"Those with bonds are in a different, more challenging situation compared to I-220A. However, if legal arguments favor I-220A holders, bond holders still have options. Each case is unique," she explained.
Marcelo mentioned that attorney Claudia Cañizares' office is handling cases for individuals with bonds as part of a class-action lawsuit, and she advised those in such circumstances to reach out to explore their legal options.
Citizenship Interview in Spanish
Another audience question addressed the possibility of conducting the naturalization interview in Spanish. Marcelo confirmed it's possible, but specific criteria must be met: applicants must be aged 55 or older and have been a permanent resident for at least 15 years at the time of filing the N-400 form.
The backdrop for these clarifications is especially tense. For about two months, the U.S. government has been intensifying motions to dismiss asylum cases in individual immigration courts without thorough examination, leading to mass deportation orders against Cubans, even in cases supported by extensive evidence.
According to TRAC data from August 2026, over 1,600 deportation orders against Cubans were issued in June of that year alone.
In light of this reality, Marcelo emphasized that appealing to the BIA remains the most vital tool, as abandoning it could mean forfeiting the only real defense against immediate deportation.
Immigration rules are always evolving, and every detail can be crucial. Stay informed on deportation orders, appeals, and I-220A updates in our U.S. Immigration section.
Understanding Deportation and Appeals
What happens if I have a pending appeal with a deportation order?
If you have a pending appeal, the deportation order is suspended and cannot be executed until the appeal is resolved.
Can my deportation order be paused while appealing?
Yes, a pending appeal before the Board of Immigration Appeals (BIA) pauses the deportation order, preventing its execution until a decision is made.
Is it possible to have a citizenship interview in Spanish?
Yes, a citizenship interview can be conducted in Spanish if you meet specific criteria: being 55 years or older and having been a permanent resident for at least 15 years.