Receiving a deportation order does not mean that all hope is lost. Immigration attorney Liudmila Marcelo makes it clear: as long as there is an appeal pending, no one can be deported, and if it were to happen, the authorities would be required to bring that person back.
"New law, old law, whatever the law may be, you have the right to submit your appeal within 30 days. And that is what I recommend. I recommend that everyone appeal," said Marcelo in an interview on CiberCuba conducted by Tania Costa.
The deadline to file that appeal with the Board of Immigration Appeals (BIA) is 30 calendar days from the date the judge issues the order, using the EOIR-26 form.
According to the current policy of the judicial body, the order is automatically suspended during that period and while the appeal remains active.
Marcelo points out that the time it takes for an appeal can become a strategic ally: "The appeal can rarely take just a few months; it often takes two and a half to three years. And during that time, if our decision is released, it can be beneficial."
That margin can be decisive if during that period a new legal avenue arises, such as a change in the policy regarding Cuban parole or a favorable decision under the Cuban Adjustment Act.
In May 2026, Marcelo successfully secured a judge in Orlando to grant residency to a Cuban with an I-220A by recognizing that document as parole under that law.
The lawyer illustrated the risks of facing court without legal representation with a recent case: a person had their hearing scheduled for August 2027, but it was moved up to July 1st. The notification arrived on June 7th, leaving them with less than a month to prepare.
"When he arrived at his hearing, the judge said to him: this asylum case is lacking; I do not see the evidence that indicates I can grant you asylum," Marcelo recounted. The individual requested more time through a continuance motion, but the judge denied it and issued the deportation order.
This type of situation —sudden hearings with little notice for Cubans— has become common in 2026, with hearings scheduled for 2028 or 2029 suddenly appearing on the calendar just weeks in advance.
"That is the important thing about not going to those courts without lawyers, please, so that at least what happened can be recorded," emphasized Marcelo, who insists that the presence of a lawyer ensures that the motions presented and their grounds are documented in the record, even when the case is lost.
The lawyer's conclusion is straightforward: "No, receiving a deportation order is not the end. The end comes when the appeal is already against you, but as long as you have an appeal, nothing will happen to you. And if you are deported while you have an appeal, you have to be brought back."
The program also answered audience questions regarding cases with CBP One and closed court hearings awaiting residency through the Cuban Adjustment Act: those who see their case as "in process" must continue waiting, without this implying any change in their current situation.
The background context is a new USCIS rule published on July 27 that allows affirmative asylum cases to be referred directly to immigration judges without a prior interview, removing what Marcelo sees as a second chance for those without removal charges.
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