Judge Orders ICE to Review Detention of Cuban Denied Entry by Havana

A federal court in Florida has issued a directive to the U.S. Immigration and Customs Enforcement (ICE) to reassess the detention of Carlos Alberto Sáez González, a Cuban national who was denied entry into Cuba by its authorities. This review is to determine if his continued detention is justified on public safety grounds.

The ruling, signed by Judge Sheri Polster Chappell of the Middle District of Florida, does not annul the existing deportation order against Sáez González.

This case began in April when Sáez González attempted to voluntarily return to Cuba in a self-deportation after residing in the United States since June 16, 1988. Upon arrival, Cuban authorities blocked his entry at Havana's airport without providing any explanation, as noted in the court documents.

Once back in the U.S., ICE revoked his long-standing order of supervision and detained him. Shortly thereafter, ICE informed him of their intent to deport him to Mexico; even though he was willing to cooperate, the deportation never occurred.

Judge Chappell concluded that there is no significant likelihood of Sáez González being deported in the foreseeable future, referencing the Supreme Court precedent set by Zadvydas v. Davis (2001), which prohibits indefinite immigration detention when deportation is not feasible.

The court observed that the detainee met the initial burden of proof by showing that Cuba rejected him and that ICE made no genuine attempt to relocate him to Mexico despite his cooperation. "The burden is on the government, which has made no rebuttal efforts," the resolution states.

This case is part of an ever-evolving immigration landscape. Stay updated on detention, deportation, and judicial decisions in our Immigration in the U.S. section.

However, the judge did not order his release.

The Supreme Court also acknowledges that community safety can justify detaining particularly dangerous individuals, provided there are adequate due process protections. Given Sáez González's criminal background—though the document does not specify the offense—Judge Chappell granted ICE 30 days to determine if he poses a sufficient risk to warrant continued custody.

Following this review, the government will have seven days to submit a supplemental response to the court, and Sáez González will have three additional days to reply.

The ruling also requires the government to certify within three days that he has been notified of the order, as ICE recently transferred him to another detention center and does not forward legal mail post-transfer. The habeas corpus petition is still pending a final resolution.

On the same day, Judge Chappell issued a similar ruling for another Cuban, identified as Josué Álvarez, whose deportation is also deemed unlikely in the near future, with an identical 30-day period for ICE to review if his criminal record justifies his detention.

Both cases remain open.

Sáez González’s situation is part of a broader trend of legal battles in 2026 concerning the prolonged detention of Cubans when neither Cuba accepts their repatriation nor do attempts to expel them to third countries succeed.

In October, a judge in Nevada ordered the release of another Cuban detained by ICE because the government could not demonstrate that his deportation was feasible. In September, a Cuban man regained his freedom in Texas after eight months in ICE custody through a habeas corpus, although the deportation order was still active.

The Cuban regime has accepted deportation flights in 2026—including individuals with serious criminal convictions—but continues to reject individual cases without explanation, leaving people like Sáez González caught between Havana's refusal and U.S. immigration custody, with no clear resolution in sight.