This Monday, a court in Atlanta overturned the previous decisions of the Board of Immigration Appeals (BIA) in the cases of two Cuban individuals with Form I-220A and
In a six-page ruling, the Eleventh Circuit Court of Appeals -based in Atlanta- determined that it does indeed have jurisdiction over the matter and ordered that the cases be reconsidered.
"After reviewing the case file and with the benefit of the oral arguments, we conclude that we have jurisdiction over the matter, annul the BIA orders in both cases, and remand the files for further proceedings," the federal court noted.
The decision responds to an appeal filed by Miami lawyer, Mark Prada, during a hearing held last December.
The ruling was eagerly awaited by more than 300,000 Cubans who received the I-220A, a supervision release order after being detained at the border, and who later saw their applications blocked under the Cuban Adjustment Act (CAA) as they were not considered "admitted" or beneficiaries of "parole."
Willy Allen: "We didn’t lose"
The immigration attorney, Willy Allen, assessed the ruling in statements to CiberCuba and emphasized that, while it is not a definitive victory, it also does not represent a setback for the plaintiffs.
"Perfect. There was a decision from the 11th Circuit yesterday. We didn't lose. The court decided to send the case back to the BIA. The appeals board now has to review it and make a decision."
Allen warned, however, that the situation remains uncertain.
"Negatively, the board is under the control of the Attorney General, and I fear they will either make another negative decision or simply delay in making a decision," he pointed out.
Nevertheless, consider that the resolution opens new procedural opportunities.
"In consultations with lawyers from my office, the decision presents an opportunity to revisit the issue of bonds for individuals detained under 220A and possibly reapply for residency in court. Battle after battle," he concluded.
A procedural ruling, not final
The court did not declare that the beneficiaries of I-220A are automatically eligible for residency nor did it convert that document into a "parole." It also did not order the granting of a change of status.
However, he did question the previous analysis of the BIA and reopened the debate on the concept of "admission".
The panel deemed it essential to examine under what statute the immigrants with I-220A were detained and prosecuted, and noted that the government has changed its stance regarding the applicable legal provisions.
That inconsistency in admission and registration criteria could be decisive in the evaluation of each case.
In practice, the ruling leaves the legal discussion open regarding whether certain beneficiaries of the I-220A could, after an individual review, meet the requirements of the Cuban Adjustment Act.
"It is not the decision we wanted, but we have gained several points in this battle," declared Mark Prada after the ruling was announced, in statements reported by Café Fuerte.
"The Eleventh Circuit rejected BIA’s opinion that a person with an I-220A is ineligible for Cuban Adjustment, and none of the government's arguments were accepted," he added.
The lawyer also emphasized that, by recognizing its jurisdiction over these cases, the court opens a new scenario for a pending class action in a federal court in South Florida.
"This is a long struggle, there is much to be done and we have many moving parts," said Prada, who recalled that a decision related to I-220A is still pending in the New York Court of Appeals.
Geographically limited impact
The decision of the Eleventh Circuit has direct authority only over the states under its jurisdiction: Florida, Georgia, and Alabama.
However, the legal analysis could influence similar litigation in other regions of the country.
The limbo of the I-220A
The I-220A form was widely distributed to Cubans who entered through the southern border of the United States, especially starting in 2021.
Although they were released under supervision, they were not formally admitted nor granted parole, a condition that has historically allowed Cubans to apply for the Adjustment Act after one year and one day in U.S. territory.
The administrative refusal to consider the I-220A as a form of admission left hundreds of thousands of people unable to adjust their status, despite meeting the other requirements.
The ruling from the Atlanta court on Monday did not immediately resolve that limbo nor does it guarantee that all those affected will be able to access residency.
However, it requires the BIA to reassess its analysis in light of the inconsistencies pointed out by the court and keeps alive a legal battle that could redefine the scope of the Cuban Adjustment Act in the current immigration context.
For now, the uncertainty continues. For thousands of Cubans, the decision made this Monday represents a half-open door, a glimmer of hope, but not a definitive solution.
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