The Cuban Juan Héctor Villafaña Cedeño claims he entered the United States in September 2023 after obtaining an appointment through the CBP One app.
He worked there for several months but ended up being deported to Cuba after a judge issued a removal order in his absence.
His case was made public this week through a video posted on Facebook in which the Cuban, wearing a mask and already back on the island, recounted what happened and sought help to try to reopen his immigration process.
Arrival and work in the United States
Villafaña crossed the border on September 27, 2023, at the port of Nogales, Arizona, through an appointment managed via the CBP One app.
According to his account, he received a parole for two years.
“The first thing I did was work, work, and work”, he stated in the video.
He had an open case before an immigration court, but on August 28, 2024, he did not appear for a hearing because, as he explained, he confused that appointment with another related to the Immigration and Customs Enforcement (ICE).
Due to their absence, the judge issued a removal order in absentia, legally known as an in absentia order.
The attack and the months in a coma
Six days after that hearing, Villafaña was the victim of an attack that, according to his testimony, left him in an induced coma for several months and forced him to be transferred between hospitals and medical centers.
"I understand that there is a timeframe of 30 to 180 days to explain why one fails the Court," he recounted.
"I couldn't explain why. Because if I am in a medically induced coma for several months, fighting for my life, I had no way to," he added.
The timeline is important: the coma does not explain why Villafaña missed the immigration hearing, as the attack occurred six days later.
However, their prolonged hospitalization could be relevant in determining why they did not attempt to challenge the order within the appropriate timeframe.
He went to find the judge and ended up being detained
Villafaña Cedeño explained that, when he partially recovered, he traveled on his own to San Antonio, Texas, with his medications and documents, intending to present himself to the authorities and try to resolve his immigration status.
"I was looking for a status, something legal," he stated.
According to his testimony, immigration authorities detained him after he identified himself and he was subsequently sent to a detention center.
"They arrested me there and sent me to a prison, without considering that I am a patient requiring hospital care of all kinds," he reported.
“That’s when I got sick from nerves. They deported me to Cuba,” he detailed.
Without medications in Cuba
Now in Cuba, Villafaña claims that he does not have access to the medications that were prescribed to him in the United States and that he is facing difficulties in receiving the medical attention he needs.
“Here in Cuba, I have no medications, I have nothing. The little health and care I can give myself come from buying medications on the black market,” he explained.
His lung condition is particularly concerning to him: "I continue to expel dark secretions from my lungs. I know I'm not well because I still haven't had a tomography done here. I don't have a psychologist, I don't have a psychiatrist."
His call for help
The video concluded with a request directed to lawyers, content creators, and individuals who can assist in reviewing his immigration file.
"I am at the will of God all the time. Because everyone really knows that right now Cuba is the worst country in the world, and I find myself in the eye of this storm," he said.
“Review my case because it’s really too much, it’s too much, and I know I can’t handle it all.”, he concluded.
Can you try to reopen your case?
The removal orders issued in absentia have specific mechanisms to request their rescission through a motion to reopen before an immigration judge.
In certain cases, U.S. immigration law establishes a 180-day deadline to file a motion to reopen when the failure to appear is due to exceptional circumstances.
In Villafaña's case, however, the attack and subsequent coma occurred after the lost hearing, so those circumstances do not directly explain his absence before the judge.
His health condition could indeed be relevant to analyze why he did not act subsequently within certain timeframes.
The Fifth Circuit of Appeals, whose jurisdiction includes Texas, has recognized that certain deadlines for filing motions for reopening may be subject to equitable tolling when the individual demonstrates that they acted with due diligence and that an extraordinary circumstance prevented them from submitting the application on time.
Determining whether those principles can be applied to Villafaña's case would require reviewing his immigration file, the exact dates of his hospitalization and recovery, the notifications he received, and the actions he took afterward.
Another possible avenue that would need to be assessed by a lawyer is the U status for victims of certain criminal activities.
This benefit requires meeting several criteria, including having been a victim of a qualified criminal activity, having suffered substantial physical or mental abuse, and having assisted, being currently assisting, or being likely to assist authorities in the investigation or prosecution of the crime.
The procedure also considers cases of applicants who are outside the United States.
In June 2026, 1,600 Cubans received deportation orders, 68% of which were issued in absentia.
El caso de Villafaña muestra las consecuencias que puede tener una orden de remoción dictada en ausencia y la complejidad de intentar reabrir posteriormente un proceso migratorio. Sigue las últimas noticias sobre deportaciones, parole y procesos migratorios de cubanos en nuestra sección de
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