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What seemed like the end of a long migratory battle could turn into a new beginning for Emilio Nieves Matanzas, the Cuban deported to the island on May 21 despite having pending legal processes in the United States. Now, the Department of Homeland Security (DHS) will allow him to return to the country through a special parole.
The news was confirmed by Noticias Telemundo and communicated to the migrant's defense through an email sent by U.S. authorities.
"We have just received an email from DHS that they will work with us for him to return to the United States and they will grant him parole," informed his lawyer, Rafael Verde.
For Emilio's family, residing in Cape Coral, Florida, the announcement came after weeks of anguish and uncertainty.
"He was in a depressed state, and now, since receiving the news, he is euphoric; he can hardly believe it," reported his wife, Odalys Díaz.
Emilio's deportation had raised concerns among lawyers and immigration activists because he still had pending legal resources when he was expelled from the country.
The Cuban had entered the United States in 2022. Although an immigration judge rejected his asylum application, his legal team filed an appeal with the Board of Immigration Appeals within the established deadline, as well as a habeas corpus petition so he could await the process outside of detention.
However, he was deported before the courts resolved those proceedings.
"Indeed, the way they took him out of the country violated rights based on the Constitution of the United States. For that reason, we pushed to the point where they themselves wanted to correct the mistake," Verde stated.
The lawyer emphasized that this is an unusual situation within the U.S. immigration system.
"It's not normal. When a person is deported from the United States, they usually don't return. Now, Emilio's case is a special case. He had pending legal proceedings," he explained.
The nightmare began on November 23, 2025, when agents from the Immigration and Customs Enforcement (ICE) detained him during a traffic stop in Florida. He was subsequently transferred to a detention center in Louisiana, where he remained for five months before being sent to Cuba.
According to his defense, the parole that will be granted to him will not only allow him to return legally to the United States, but it could also pave the way for him to obtain permanent residency under the Cuban Adjustment Act.
"With that parole, we know that, as a Cuban, he can make the adjustment and is already on his way to residency, which is the main thing," Verde noted.
While the lawyers prepare the documentation required by the DHS, the family awaits the moment of reconnection.
"There are no words to express how receiving it feels, because no matter how much I try to imagine it in my mind, it just doesn't fit. I can't believe it," confessed one of his relatives.
Emilio’s case is not unique. The same deportation flight on May 21 also transported Javier Batista Pérez to Cuba, a 62-year-old Cuban, diabetic and without a criminal record, who also had active legal proceedings at the time of his expulsion and whose case remains unresolved in a similar manner.
A recent case that fuels the hopes of other families is that of Alejandro Ramírez Díaz, deported to Cuba in March 2026 without a final removal order. After staying in the island for 41 days, he successfully returned to the United States thanks to a favorable ruling from a federal judge.
If Emilio manages to return in the coming weeks, his case could become a reference point for other deported Cubans who still had pending legal resources, a situation that has raised concerns among immigration lawyers and organizations advocating for the rights of migrants.
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