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A federal judge in the United States ordered the immediate release of Maikel Guerra Morales on Wednesday, one of the Cubans involved in the hijacking of a plane in Isla de la Juventud in 2003, which forced the aircraft to land in Key West, concluding that the Government has not demonstrated that his deportation can be carried out within a reasonable timeframe.
Judge John E. Steele of the Federal Court for the Middle District of Florida granted the habeas corpus petition filed by Guerra Morales and ordered the Immigration and Customs Enforcement (ICE) to release him within 24 hours. The ruling also stipulates that the Cuban individual must have access to a telephone to inform his lawyer and family of his release.
The decision is based on the precedent set by the Supreme Court in the Zadvydas v. Davis case (2001), which restricts the detention of immigrants with a deportation order when their removal cannot be carried out.
According to that ruling, keeping a foreign national in detention for the first six months following a final deportation order is deemed reasonable. After that period, it falls upon the Government to demonstrate that the expulsion is feasible in the foreseeable future.
Guerra Morales had been in ICE custody since December 30, 2025, when he was arrested on the grounds that he would be deported to Mexico.
However, the judge concluded that immigration authorities did not present evidence that Mexico had agreed to accept him or that there were any travel documents processed to send him to that country or another.
"The law is clear on this matter. The Government cannot confine individuals in a cell indefinitely as an alternative solution to a stagnant deportation process," Steele wrote in his ruling.
The magistrate added that Mexico's eventual acceptance could depend on the consent of Guerra Morales himself, authorization that the Government had not obtained either.
"The defendants have had over three years since the deportation order of Guerra Morales—and more than six months since his current detention—to expel him from the United States, and they are still unable to articulate a concrete plan," the judge noted.
Sentenced for the hijacking of a Cuban airplane
The case of Guerra Morales dates back to March 19, 2003, when he and at least eleven other Cubans hijacked a DC-3 Aerotaxi shortly after takeoff from Nueva Gerona, on the Isle of Youth.
According to the investigation, the hijackers assaulted the crew and forced the pilot to divert the flight to Key West, Florida. On board the aircraft were 31 passengers, five crew members, and a security guard. U.S. authorities identified Alexis Norniella Morales, brother of Guerra Morales, as the leader of the group.
After being tried in a federal court in Key West, Guerra Morales was sentenced to 264 months in prison for hijacking and interference with the crew of an aircraft, a sentence that he served in full.
Protection against deportation to Cuba
Once his sentence was completed, an immigration judge ordered his deportation, but in May 2022, he was granted protection under the Convention Against Torture, as it was believed there were grounds to think he might be subjected to torture or inhumane treatment if returned to Cuba.
Subsequently, on March 1, 2023, ICE released him under a supervision order, conditions that, according to the court record, he fulfilled without incident until he was detained again at the end of 2025.
Although the judge ordered his release, Guerra Morales is not completely free from all immigration control.
The resolution keeps in effect the supervision order imposed by ICE and warns that the agency may detain him again if it can demonstrate in the future that there is a destination willing to receive him and that the deportation can be executed in accordance with the law.
The case occurs in a context of tightening U.S. immigration policy towards Cuban citizens. During Donald Trump's second administration, Washington has increased deportations to third countries, including Mexico, as an alternative for migrants who cannot be returned directly to Cuba. However, the ruling emphasizes that the mere intention to deport a foreign national is not sufficient to justify indefinite detention when there is no concrete plan in place to carry out that expulsion.
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