The immigration attorney Willy Allen updated his estimate on Monday regarding when the final decision from the Board of Immigration Appeals (BIA) could be expected for Cubans with the I-220A form. In his view, it could be in October or November of this year 2026. This differs from fellow attorney Liudmila Marcelo, who believes that the ruling might come in January-February of 2027.
The prediction emerged during the weekly program that Allen shares with journalist Tania Costa, every Monday at 11:00 AM Miami time, on CiberCuba, when the lawyer went "against the grain" and set his estimate for this year. "I believe it will be in October or November," he said live at the end of the broadcast.
Costa immediately clarified the scope of that prediction: "It refers to the arrival of the solution for the I-220A in October or November of this year, the BIA's decision."
However, Allen warned that the arrival of that decision does not guarantee a favorable outcome. "Because when that decision arrives, it's still not good; if it's negative, it's not good either, we have to keep fighting," the lawyer stated, emphasizing that the legal battle could extend beyond that deadline.
Allen's estimate arrives at a time of high uncertainty for Cubans with I-220A in the United States. On February 24, 2026, the Eleventh Circuit Court of Appeals, based in Atlanta, overturned previous BIA decisions in these cases and returned the files for a new administrative review, without granting automatic residency or declaring that the I-220A is legally equivalent to a formal "parole".
Since then, various immigration judges in Orlando, New Orleans, and San Antonio have granted residency to Cubans with I-220A, interpreting the document as parole, but the federal government has immediately appealed all those victories, leaving them in indefinite suspension until the BIA issues its new ruling.
The BIA has no mandatory legal deadline to resolve these appeals, leaving thousands of Cubans in a state of uncertainty that drags on month after month.
The situation is further complicated by the massive advancement of hearing dates in immigration courts: cases that were scheduled for 2028 or 2029 have been rescheduled for this summer. Some lawyers interpret this move as a strategy to deport as many people as possible before the BIA officially recognizes the I-220A as parole.
This is not the first time Allen has adjusted his forecast. In August 2025, the lawyer had estimated that the decision would come in January 2026, a date that passed without a favorable definitive resolution. Now, with the new estimate pointing to the fall, Allen also reiterated his main advice to those affected: never accept voluntary departure and fight the case from within the United States through appeal.
Willy Allen responded in this manner regarding Dairon Fuentes Rodríguez, who has been detained in Texas since December 4th. He was arrested while attending a routine appointment with ICE (Immigration and Customs Enforcement). His case is unique because, after seven months in detention, he requested voluntary departure from the United States to avoid accumulating a deportation record and to potentially reunite with his family in the future, as his wife filed an I-130 for him over two years ago. However, upon landing in Cuba on a commercial flight, the regime's immigration authorities refused to accept him and sent him back on the same flight, despite the fact that he has no criminal history or record in the United States. Upon his return, he was sent back to a detention center in Texas, where he remains in legal limbo, with no apparent way out.
"Let's see if we finally have that ruling in October or November," concluded Tania Costa, summarizing the lawyer's wager in front of an audience that continues to await a definitive response.
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