The immigration judge handling the case of the independent Cuban journalist Yosmany Mayeta Labrada rejected the motion for adjournment submitted by his defense, confirmed attorney Liudmila Armas Marcelo during a live program. The final hearing remains scheduled for July 1, 2026.
"No, the judge has not agreed to postpone the court date of July 1, so, well, we will appear in court and there we will try, because many times written things have a different connotation. Perhaps in person we will again attempt to make the judge understand that he needs a little more time," Marcelo explained.
The legal crux of the case lies in a pardon - technically a waiver - that Mayeta requested from the Department of State since late 2024, which the U.S. Citizenship and Immigration Services (USCIS) has yet to resolve. Without that document, her application for residency under the Cuban Adjustment Act was denied and the case was referred to Immigration Court.
The lawyer explained that the judge believes in her ruling that Mayeta did not follow the steps in a timely manner, but the defense argues otherwise: "In her ruling, the judge seems to think that he has not taken the steps on time, but in reality, he did request his pardon at the end of 2024, but it has not been resolved. Therefore, as long as he does not have the pardon, it cannot happen; they will not grant him the Cuban Adjustment Act."
Mayeta arrived in the United States in 2019 with a J-1 visa linked to a scholarship for her journalistic work. This immigration category left her subject to section 212(e) of the Immigration and Nationality Act, which requires two years of residence in the home country or a waiver before being able to adjust status.
When he submitted his I-485 form without that waiver, his residency was denied, and the case went to court after the deadline for applying for asylum had passed.
"The problem is that he does not have any immigration relief with the court; he never applied for asylum, of course, because by the time he was taken to court, the window for applying for asylum had already closed," Marcelo pointed out.
The lawyer acknowledged that theoretically a request for a stay of deportation could have been filed, but she dismissed that option due to the urgency: "Perhaps a withholding could have been submitted, but there is really very little time before that court to present that case."
Despite the adverse situation, Marcelo emphasized that Mayeta has a real chance of obtaining clemency: "Clemency is based on persecution, and he can demonstrate that he cannot return to Cuba, which is why he needs that clemency; it is practically the same circumstances or the same evidence that are present in an asylum case."
At the same time, the defense is exploring the possibility of having a federal agency intervene to expedite the resolution. "There are other options that he is considering, such as asking the government, meaning a federal agency, to take an interest in his case and obtain that pardon more quickly," stated the lawyer.
Mayeta, a member of UNPACU since 2011 and known for his project "Kuba x Dentro," has taken urgent actions in recent weeks: he went to the Capitol on June 6 to deliver letters to Congress members Mario Díaz-Balart, María Elvira Salazar, and Carlos Giménez; he made an urgent appeal to Marco Rubio and he presented himself at the Department of State in Washington D.C. with documents in hand.
The journalist has publicly warned that if he is deported, he would be awaited at the airport to be taken to prison due to his activism against the Cuban regime.
The defense strategy for July 1 is to appear in person and convince the judge that the delay is not Mayeta's fault, but rather due to the delay of USCIS. "It is up to us to persuade her that it has not been entirely her responsibility," Marcelo concluded.
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