An immigration judge in Arizona granted status adjustment to a Cuban citizen with I-220A identified as Dayan Hernández-Medina, according to an order issued by the Immigration Court of Florence under the Executive Office for Immigration Review (EOIR).
In exclusive statements provided by the firm Alianza Americas USA, the representatives of the case, Hernández's attorneys confirmed that the procedure was initiated by the Department of Homeland Security (DHS) and that the migrant was in the process of deportation.
The Court, following a hearing that took place in January, granted an Adjustment of Status under INA § 245(a), that is, the application for adjustment of status. After the ruling, DHS had 30 days to appeal and did not do so.
From a deportation order to freedom
The same order indicates that the requests related to international protection have been withdrawn to their detriment: asylum, withholding of removal under INA § 241(b)(3), and withholding under the Convention Against Torture (CAT).
The document containing the deportation order against the Cuban was sent by the lawyers to CiberCuba.
In that text, it is noted that the Court initially found the migrant inadmissible under section 212(a)(6)(A)(i) of the Immigration and Nationality Act (INA).
The order stated that the DHS reserved the right to appeal. The document itself set February 5, 2026, as the deadline for appealing.
Since the Government did not appeal, having missed the deadline, Hernández remained with the initial decision of the judge to release him.
This case sets a precedent in the country for all those Cubans with I-220A, as it becomes a strong argument that could be used to defend residency in court.
He is the first Cuban to be granted residency while being detained by ICE.
In December 2025, the 11th Circuit Court of Appeals in Atlanta held a crucial hearing regarding the immigration status of thousands of Cubans released with the I-220A form.
In that view, lawyer Mark Prada argued that the releases were processed incorrectly and should have been considered as parole, a legal concept that would allow those affected to benefit from the Cuban Adjustment Act.
According to attorney José Guerrero, a favorable ruling would have a direct impact on Cubans residing in the states of the eleventh circuit, but it would also serve as a persuasive argument in other courts across the country.
Experts indicated that the decision could take months and even be appealed to the Supreme Court, which means the immediate outcomes would remain uncertain.
At the beginning of 2026, attention shifted to the Second Circuit Court of Appeals in New York, where another similar case aimed to redefine the migration status of over 400,000 Cubans with I-220A.
During the hearing on January 7, lawyer Mark Prada reiterated that the I-220A should be recognized as a valid admission record under the Cuban Adjustment Act, which would allow holders of this document to apply for permanent residency.
The case, focused on the migrant Aguilar Díaz, was seen by many lawyers and activists as a turning point, as a favorable ruling could establish a nationwide legal precedent.
The Cuban community in the United States closely followed the evolution of the process, hopeful that justice would recognize the rights of those who currently live in a migratory limbo.
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