Cuban Adjustment Cases Successful Stories

Laredo Immigration Court

Release under I-220A and Adjustment of Status

Matter of Y-S-R, A#XXX-XXX-501 (IJ May 5 2023) (Laredo, TX) (IJ Medved)  In this case the Court was confronted with answering two  questions. The first one was if termination of removal proceedings was warrant in those cases in which the Cuban citizen is not yet prima facie eligible to adjust status under the Cuban Adjustment Act, missing one important eligibility requirement, a year of continuous presence living in the US. The second question the Court needed to answer was if the respondent was released under section 212(d)(5)(A)(i), therefore, eligible to file for adjustment of status. The Court agreed with the respondent argument about release after detention under section 235 can only be done under parole no matter which paperwork the government officials issued. Finally, the IJ terminated proceedings to allow the Respondent seek adjustment of status at the USCIS.

Matter of  G-A-R, A#849 (IJ July 24, 2023) (Laredo, TX) (IJ Medved) In this case the Court was again confronted with answering two  questions. The first one was if termination of removal proceedings was warrant in those cases in which the Cuban citizen is not yet prima facie eligible to adjust status under the Cuban Adjustment Act missing one important eligibility requirement, a year of continuous presence living in the US. The second question the Court needed to answer was if the respondent was release under section 212(d)(5)(A)(i), therefore, the respondent was eligible to file for adjustment of status. The Court agreed with the respondent argument about release after detention under section 235 can only be done under parole no matter which paperwork the government officials issued. Finally, the IJ terminated proceedings to allow the Respondent seek adjustment of status at the USCIS.

***DHS filed an appeal in this case, both parties already submitted their briefs and we are still waiting for the Board of Immigration Appeals issue a decision soon.

Dismissals

Over 33 cases dismissed at immigration courts for Cuban families

allowing them to seek adjustment of status at the USCIS nationwide!

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Laredo Immigration Court

Matter of M-G-L, A#282 (IJ March 25, 2024) (Laredo, TX) (IJ Canales) In this case the DHS opposed to grant prosecutorial discretion to a Cuban woman who was released on her own recognizance (Form I-220A). The IJ denied the respondent's motions to terminate, motion for administrative closure along the course of the proceedings. Finally her daughter past her civics test and, at the moment, was only awaiting for receiving the swearing oath ceremony appointment. After one year her husband, a Cuban national too, was able to adjust status under the Cuban Adjustment Act. All those positive equities finally help us to negotiate with the government attorney and the IJ finally dismissed without prejudice the respondent removal proceedings to allow her either seek consular processing after filing her Form I-130 or adjustment of status under the Cuban Adjustment Act.

Adjustments GRANTED by the Immigration Judge

Laredo Immigration Court

Matter of A-E-R, A#171 (IJ June 14 2023) (Laredo, TX) (IJ Figueroa) In this case the DHS opposed to grant prosecutorial discretion and did opposed to the Respondents motion requesting to the Court that his case to be dismiss without prejudice. The IJ requested briefs from both parties regarding adjustment eligibility. The IJ did find in the instant case had jurisdiction for several reasons. First, the respondent entered EWI in the U.S. and the regulations 8 C.F.R. § 245.2(a)(1); 1245.29a0(1) only preclude Immigration Judges from reviewing an adjustment of status application if the respondent is an arriving alien. In the instant case the parole was issued after the Notice to Appear about 60 days. After several continuances the respondent met the one year of continuous presence and the IJ GRANTED the adjustment under the Cuban Adjustment Act.

Matter of R-C-G-C, A#925 (IJ October 10, 2023) (Laredo, TX) (IJ Figueroa) In this case the DHS opposed to grant prosecutorial discretion and did opposed to the Respondents motion requesting to the Court that his case to be dismiss without prejudice. The IJ requested briefs from both parties regarding adjustment eligibility. The IJ did find in the instant case had jurisdiction for several reasons. First, the respondent entered EWI in the U.S. and the regulations 8 C.F.R. § 245.2(a)(1); 1245.29a0(1) only preclude Immigration Judges from reviewing an adjustment of status application if the respondent is an arriving alien. In the instant case the parole was issued after the Notice to Appear about 60 days. After several continuances the respondent met the one year of continuous presence and the IJ GRANTED the adjustment under the Cuban Adjustment Act.