Didie Espinoza, a Cuban migrant with I-220A, was apprehended by Immigration and Customs Enforcement (ICE) agents this Tuesday after leaving his preliminary asylum hearing at an immigration court in Miami.
Despite having met all the legal requirements of his process, his detention occurred without prior notice, without an immediate explanation to his relatives, and under a recurring pattern that lawyers describe as "a deceptive tactic."
"Anyone can get taken, sir, anyone. They have a list. This is with a lawyer, without a lawyer, however you want. As if he were a criminal, and he is not a criminal," said her visibly distressed partner, Daysi Salvador, at the moment they were taking her husband away in the elevator.
“It is such a great disrespect to this society and to humanity! The people who truly serve, who pay taxes, who work… and this happens. The truth is that I am at a loss for words,” denounced a journalist from MegaTV who was at the scene, in tears and filled with indignation.
The shocking testimony of the lawyer
Laura Jiménez, immigration attorney and legal representative of Espinoza, provided the aforementioned media outlet with a detailed account of what happened and warned that it is a systematic practice that ICE is using against certain immigrants. In her words, what occurred was a legal trap.
"The prosecutor is requesting a motion to withdraw the charges in court, and once the judge approves that motion, it means that the person is no longer in deportation proceedings. It is then that ICE immediately detains them outside the judge's chamber," he explained.
Jiménez was prepared with a written motion of opposition, anticipating that the government might try to close the asylum case.
"When the prosecutor said he wanted to close the case, I told the judge that I had the arguments in writing and that I wanted to present them right there. I had to insist to be allowed to submit them and also to present them orally," he explained in an interview with the aforementioned outlet.
However, neither the judge nor the prosecutor provided sufficient explanations.
"I asked the judge to instruct the prosecutor to explain why they wanted to close the case. That didn’t happen. Although the judge complimented me on being so well prepared, they did not make the decision in favor of my client and allowed ICE to be out there to detain him."
The lawyer described the process as a violation of due process.
“It was an arbitrary process, where the right to be heard was not respected. Arbitrariness prevailed over the law. And the saddest part is that all of us involved - the judge, the prosecutor, and I - have sworn to uphold the law and adhere to it. Many legal provisions are being violated here, including constitutional rights,” he stated.
A solid case, unjustifiably ignored
According to her attorney, Espinoza entered the country in 2022 and has maintained an impeccable record since then: she properly submitted her asylum application, provided detailed evidence of the political persecution she faced in Cuba, attended all her appointments with USCIS and assigned supervisors on time, and was fully engaged in the legal process.
"I had been waiting for three years for a trial, fighting for that protection," lamented Jiménez.
“All of that was ignored. Their evidence, their commitment, their compliance. It was as if none of it mattered,” they added.
A warning for other migrants and lawyers
Jiménez warned that this is not an isolated experience: "It hasn't only happened to me. On the same day, other lawyers went through similar situations. It's a pattern. Those who have a close audience are in great danger of this happening to them."
Even in other jurisdictions, judges have taken alarming stances.
Noticias 23 reported that a judge in the western part of the country stated in an open hearing that "there is no longer a dictatorship in Cuba, because the Castro family is no longer in power."
Frequently asked questions about the detention of Cuban immigrants in U.S. courts.
Why are Cuban immigrants being detained after leaving immigration courts?
Cuban immigrants are being arrested by ICE as they leave their immigration hearings due to a new strategy that facilitates the expedited deportation of those who have been in the country for less than two years. This practice has intensified under guidelines from the Department of Homeland Security (DHS), which aims to expedite deportation processes following the dismissal of cases in court. ICE agents, dressed in civilian clothes, wait in the hallways of the courts to carry out these arrests.
What is the I-220A form and how does it affect Cuban migrants?
The I-220A form, also known as "Order of Supervised Release", allows for the release of individuals from federal custody under certain conditions. Beneficiaries must attend immigration hearings and not violate local or federal laws. However, it is not considered an official admission into the country nor does it grant immigration benefits, leaving beneficiaries in a state of legal uncertainty. This condition prevents many Cubans from adjusting their status under the Cuban Adjustment Act, as they are not deemed "inspected and admitted" into the country.
What recommendations do lawyers give to immigrants with hearings in immigration court?
Attorneys recommend that immigrants attend their hearings accompanied by a lawyer, who can submit legal documents opposing the prosecutor's attempts to close the case. They also suggest requesting virtual hearings to avoid immediate detentions, although this option may be denied if ICE has already planned an arrest. Additionally, it is crucial to appeal any adverse decision, as the appeals process can offer additional protection against immediate deportation.
How can immigrants protect themselves against the risk of expedited deportation?
To protect against the risk of expedited deportation, it is advised that immigrants do not allow the judge to close their case without opposition. It is essential to file an appeal if the case is dismissed and to seek specialized legal advice. Additionally, it is important to stay informed about changes in immigration policies and to strictly adhere to all conditions outlined in form I-220A.
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