Can Cuban Deportees Return to the U.S. from Africa? An Attorney Weighs In

Cuban-American attorney Wilfredo Allen has assessed the realistic chances for the 69 Cubans deported to the Central African Republic on October 21 to make their way back to the United States. His assessment is straightforward: the likelihood of return hinges on the legal status of each individual's case, and for most, the path back is exceptionally challenging.

The group, consisting of 64 men and five women, endured a grueling journey of 50 to 60 hours, shackled and transported on a flight that originated in Alexandria, Louisiana, with stops in Senegal, Equatorial Guinea, and Burundi. Upon reaching Bangui, the capital, they were left without immigration documents, legal status, or work authorization.

Categories of Deportation Cases

In an interview with journalist Tania Costa, Allen delineated three categories to determine the options available for each deportee.

The first group comprises individuals expelled due to criminal offenses. "Those with criminal records will never return," the lawyer stated, though he clarified that they represent a minority of the deportees.

In the second category are those who have exhausted the administrative process: their asylum claims were denied by an immigration judge, and the Board of Immigration Appeals (BIA) dismissed their appeals. For these individuals, Allen remarked, "returning is nearly impossible, though not entirely out of reach." He mentioned a hypothetical scenario where if the class-action lawsuit regarding the I-220A form succeeds and the document is recognized as parole, some might be able to reopen their cases from abroad.

The third category, which Allen sees as having the most potential, includes those deported without a final resolution. "These individuals have the best chance of returning through the Federal Courts," he noted.

Special Cases and Legal Challenges

Within this third group, Allen highlighted a particularly severe instance: a person who was deported while a habeas corpus petition was pending. "They had filed a habeas corpus, hadn't received a response, and were deported. That's tragic," Allen commented.

This situation mirrors that of Eric González Peña, a 44-year-old Cuban detained by Immigration and Customs Enforcement (ICE) in Texas in March 2026 and sent to Bangui on October 21, despite having an approved family petition I-130—his wife is a U.S. citizen—and a pending habeas corpus with the courts. His family claims a judge had set November 1 as a protection date against deportation, yet González was expelled ten days earlier. As of November 3, he remained in Bangui without documents or work authorization.

Impact of Legal Actions and Political Appeals

During the interview, Costa emphasized that most deportees lack serious criminal backgrounds: "Many of them have no criminal offenses; their offense was entering the United States illegally."

Simultaneously, the legal action Bello-Rubio v. Noem, filed by approximately 990 Cubans with the I-220A form in the Southern District of Florida, seeks court acknowledgment that this document fulfills the parole requirement under the Cuban Adjustment Act of 1966 for obtaining permanent residency. In October, the government filed a new motion to dismiss the case.

Deported Cubans in Bangui have publicly urged the Democratic Party and U.S. Congress to intervene on their behalf to facilitate their return. Meanwhile, the State Department has classified the Central African Republic as a level 4—"do not travel"—due to armed conflict, militias, kidnappings, and health risks.

The predicament of Cubans deported to Africa is part of an ever-evolving migration landscape. Stay updated on deportations, court cases, and immigration rights in our U.S. Immigration section.