Two individuals who arrived in the United States under the CBP One program, which allows for legal entry with parole, are now facing deportation orders after failing to comply with specific instructions from an immigration judge.
The cases were highlighted by journalist Mario Pentón from Martí Noticias, who spoke with immigration attorney Ismael Labrador to explain the consequences of this type of violation.
Pentón explained that the immigrants "came with the CBP-1, they did everything by the book, they did everything right, but they made a mistake," referring to their failure to submit the required asylum application before the judge at their initial hearing.
Despite having correctly followed the legal entry process and having their appointment, the lack of response within the stipulated timeframe resulted in the issuance of a deportation order.
The warning from the experts
Labrador clarified that many people entering with CBP One do not understand the nature of the judicial process.
"What the vast majority of people with parole, that is, those from CBP-1, do not understand—those who are most likely to have court proceedings—is that when you are in court, you are in a defense process, plain and simple," she explained.
According to the lawyer, failing to submit an asylum application within the assigned timeframe can automatically trigger deportability, even if the initial entry was completely legal.
The lawyer emphasized that the majority of people in these circumstances cannot submit immediate immigration adjustments before a judge because jurisdiction lies with the USCIS agency. For this reason, the usual course of action is to apply for asylum.
"Then they tell you: ok, you have 30 days, you have 10 days, you didn’t pay attention, and they give you a deportation order because you are deportable from the United States, and you didn’t submit any application to defend yourself," he emphasized.
The importance of complying with the court order
Pentón explained that the assigned cut-off date for each immigrant has a clear purpose: "They are giving you an opportunity to defend your asylum," and he clarified that failure to comply can close the door to legal defense.
In the case of the two cited immigrants, the failure to submit the asylum application before the judge resulted in the deportation order.
Labrador added that although the orders can be appealed and there is one year to apply for asylum in the United States, not following the initial instructions significantly complicates the situation.
"When you violate a court order that states you have ten days, then the battle becomes a bit more challenging," she said, though she noted that there are still legal options available if action is taken within the established framework.
Risk and repercussions
These cases demonstrate that even legal processes that are correctly followed upon their entry can become vulnerable if judicial instructions are not adhered to within the established timelines.
Non-compliance not only leads to the issuance of an immediate deportation order but can also impact future immigration processes, including obtaining legal residency.
The situation underscores the need for reliable legal counsel and a clear understanding of the procedures governing immigration cases under CBP One, to avoid serious legal consequences that could be prevented with proper adherence to the judge's instructions.
Filed under: