A judge in North Carolina has deported "in absentia" a Cuban woman with an I-220A form, who passed away in June of this year 2025 from terminal cancer. This decision was made on Tuesday in court, citing insufficient evidence that would justify not deporting her.
This is how the immigration attorney Willy Allen III, who is handling the defense in this Cuban woman's case, has recounted it. She passed away three months ago, due to terminal cancer.
According to Allen III, who explained during his weekly program on CiberCuba, every Friday at 11:00 AM in Miami and Cuba (5:00 PM in Europe), after the death of his client, he submitted two motions attempting to close the case. However, his first motion was denied, and the second went unanswered.
He ultimately had to defend the case in the North Carolina court this week, and his surprise was immense when the judge ordered the deportation of the deceased "in absentia," considering that there was not enough evidence to make another decision.
Based on this case, the lawyer believes that there are currently very few options to avoid entering a detention center once a Cuban with an I-220A is arrested during their appointment with ICE. This diminishes hopes for the I-220A Cuban, a cancer patient, who was recently detained in Dallas, Texas.
Willy Allen III asserts that during his visits to the Court, he has witnessed that pressure from ICE agents continues. He also stated that arrests have not ceased at the Miramar office in Florida.
In their opinion, immigrants have become just numbers, and all that ICE agents think about is meeting the detention quota set by President Trump.
In any case, Willy Allen III believes that patience is necessary because it is expected that this December the arguments will be released that will lead to the decision that the I-220A forms are a parole. Therefore, those who have this form and are currently in a legal limbo could potentially benefit from the Cuban Adjustment Act once the ruling based on those arguments is issued. This could happen in the first quarter of 2026.
While awaiting that ruling, the lawyer advises I-220A holders to keep a low profile and not to lose hope because "we are going to win." Allen III is convinced that the arbitrary manner in which I-220A forms were granted at the border will provide a strong argument for understanding I-220A holders as having legal entry, because in practice they are a parole. He refers to the many cases of families who entered together at the border, with some receiving I-220A and others getting parole, meaning that one part of the family unit has been able to benefit from the Adjustment Act while the other has not.
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