A recent ruling by the United States Board of Immigration Appeals severely complicates the situation for minors who entered the country through the CBP One application accompanied by relatives who are not their parents or legal guardians. Immigration attorney Liudmila Marcelo explained the implications of this decision during a live broadcast with journalist Tania Costa.
The resolution, known as BIA Matter of N-A-G-C-, 29 I&N Dec. 662 (2026), establishes that neither the prior designation of a minor as an "unaccompanied minor" nor the approval of a Special Immigrant Juvenile (SIJ) visa grants the immigration judge the authority to reconsider the custody status of an individual who has not been formally admitted to the United States.
Marcelo explained that many families arrived with children or teenagers under 18 years old, accompanied by grandparents, uncles, or cousins, without those adults being their legal guardians.
"Even if they come with a grandfather, an uncle, a cousin, they are unaccompanied minors because they come without their legal guardian," the lawyer stated.
Those minors were not given an I-94 or parole. "Since they did not enter with their parents, they were not given parole, nor was the I-94 provided; instead, they were given a verification of release because they are considered unaccompanied minors," Marcelo clarified.
The usual process for these cases was to initiate a custody request before a state court, which allowed for applying for the SIJ visa and, eventually, closing the case in immigration court while that request was being resolved. However, the new decision blocks that pathway.
"Neither the prior designation of an unaccompanied minor as an unaccompanied minor nor the approval of a special juvenile visa grants the immigration judge the authority to reconsider the custody status of a foreign national who has not been admitted to the United States," summarized Marcelo.
The practical consequences are severe. "This means that the boy could be detained, and even then, the judge cannot say 'well, since this child has this presentation, that he has this approved visa, I will...' No, it doesn’t grant him the authority to conclude the case, change his status, or even release him if it were a case," the lawyer warned.
The situation is worsening in a context where the Trump administration revoked the parole of CBP One and the measure affects approximately 532,000 migrants from Cuba, Venezuela, Nicaragua, and Haiti. The Supreme Court authorized these revocations on May 30, 2025, leaving thousands of people in a vulnerable immigration situation.
The Cubans who entered through CBP One received notifications from DHS regarding the cancellation of their paroles, with a 15-day deadline to prove their current immigration status or lose their work permit.
Marcelo also warned about the massive rescheduling of court dates, with cases postponed as far as 2030. "It has been becoming very difficult lately in the courts to close this type of case," he stated, and advised all those affected that "they need to check their case every day."
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