The United States Citizenship and Immigration Services (USCIS) acknowledged the credible fear of Cuban Mariana Fernández León, a young woman who participated in the protests on July 11, 2021, and who had been sentenced in Havana to four years of correctional labor for alleged crimes of assault, contempt, and public disorder.
"USCIS closed the case because USCIS did not have jurisdiction to adjudicate that asylum case," said immigration attorney Gladys Carredeguas to Telemundo 51.
The decision paves the way for her to begin the process of regularizing her immigration status and serves as an initial halt to the threat of deportation that loomed over her and her sister, who also participated in the 11J protests.
A life marked by repression and exile
Mariana, who was only 18 years old when she took to the streets in 2021, recounted that she fled Cuba because, following the protests, she was subjected to an arbitrary judicial process that sentenced her to house arrest without any guarantees.
"I escaped from Cuba because I participated in the protests on July 11, and I was sentenced to four years of house arrest," he declared.
In November 2022, the young woman escaped the island along with her sister Yaneris Redondo León, 31 years old, and 40 other Cubans on a precarious boat that departed from Cojímar and ran aground in the Marquesas Keys after a 16-hour journey.
Upon her arrival, Mariana had to be hospitalized due to a kidney collapse caused by dehydration experienced during the journey.
Manufactured sentences to silence dissent
The Fernández León sisters were prosecuted in Cuba in a trial without guarantees, like thousands of protesters from July 11. Mariana received four years of corrective work and Yaneris was sentenced to seven years in prison.
The court that issued the conviction accused them of throwing stones and shouting slogans against Miguel Díaz-Canel and the police, despite there being no documented injuries or serious damage.
In Cuba, after the trial, both were released on bail while they appealed, but the repression continued. State Security consistently harassed them, extending threats even to family members and close associates.
Seeing that all legal avenues within the country were closed, they decided to flee.
Risk of deportation and violation of the principle of non-refoulement
Already in the United States, the sisters faced an uncertain situation. The initial denial of political asylum left their cases in limbo, and the threat of deportation was imminent.
Organizations like Justicia 11J warned that sending them back to the island would be equivalent to handing them directly to prison and subjecting them to further acts of retaliation, in blatant violation of the principle of non-refoulement, which prohibits returning a person to a country where they face the risk of persecution, torture, or cruel treatment.
Her mother, Yosima León, a resident of Florida, tearfully explained to local media that returning to Cuba would mean "leaving them without a life."
After the arrival of his daughters, he sought legal support from the law firm of attorney Willy Allen, while activists like Salomé García Bacallao made public appeals for U.S. authorities not to deport them.
A step forward, but uncertainty persists
With the acknowledgment of credible fear, Mariana begins to see a legal way out of her situation. However, the path is not closed: her sister Yaneris still needs to pass the same interview and start her own protection process.
Meanwhile, human rights organizations insist that the case of the Fernández León sisters reflects the plight of hundreds of young people who have been repressed following the protests of July 11, imprisoned for exercising basic rights and forced into exile to survive.
The decision by USCIS represents a partial victory against a regime that punishes dissent and continues to fill prisons with political prisoners.
Frequently Asked Questions about the case of the Fernández León sisters and repression in Cuba
What does it mean that USCIS has recognized the credible fear of Mariana Fernández León?
The recognition of credible fear by USCIS means that Mariana Fernández León has a valid basis to fear persecution or harm if she returns to Cuba. This is a crucial step in her asylum process, as it allows her to move forward towards regularizing her immigration status in the United States and temporarily protects her from deportation.
Why do the Fernández León sisters face the risk of deportation in the U.S.?
The Fernández León sisters are facing the risk of deportation due to the initial denial of their political asylum application, which has left them in legal limbo. Deporting them to Cuba would violate the principle of non-refoulement, as they would return to a country where they would face persecution and reprisals for participating in the 11J protests.
What charges were brought against the Fernández León sisters in Cuba?
The Fernández León sisters were charged with crimes of assault, contempt, and public disorder in Cuba. However, these charges are regarded as fabricated and part of a judicial process lacking guarantees, designed to silence dissent following the protests of July 11.
What consequences do the protesters from July 11 face upon returning to Cuba?
The protesters from 11J returning to Cuba face the risk of being imprisoned and subjected to reprisals from the Cuban regime. This includes being tried in arbitrary trials, receiving unjust sentences, and being targets of harassment and persecution by State Security.
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