The Cuban Juan Héctor Villafaña Cedeño claims that he entered the United States in September 2023 after obtaining an appointment through the CBP One app.
He worked there for several months, but he ended up being deported to Cuba after a judge issued a removal order in his absence.
His case became known this week through a video published on Facebook in which the Cuban, wearing a mask and back on the island, recounted what happened and requested assistance to try to reopen his migration process.
Arrival and work in the United States
Villafaña crossed the border on September 27, 2023, at the Nogales, Arizona port of entry, through an appointment arranged 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 his non-appearance, the judge issued an order for removal in absence, 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 required him to be transferred between hospitals and medical centers.
“I understand that there is a period of 30 to 180 days to explain why one fails the Court,” he recounted.
"I couldn't explain why. Because if I am in an 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, his prolonged hospitalization may be relevant in determining why he did not attempt to challenge the order within the appropriate timeframe.
He went to see 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 situation.
"I was looking for a status, something legal," he stated.
According to his testimony, the immigration authorities arrested him after he identified himself and was subsequently sent to a detention center.
"They arrested me there and sent me to prison, without considering that I am a patient in need of hospital care of all kinds," he reported.
“That's when I got sick from the nerves. They deported me to Cuba,” he detailed.
No medications in Cuba
Now in Cuba, Villafaña asserts that he does not have access to the medications prescribed to him in the United States and that he is facing difficulties in receiving the medical care he needs.
“Here in Cuba, I don’t have any medications, I don’t have anything. The little health care and the few resources I can manage come from my purchasing medications on the black market,” he explained.
His pulmonary condition particularly concerns him: "I continue to cough up dark secretions from my lungs. I know I'm not well because I haven't had a CT scan done here yet. I don't have a psychologist, I don't have a psychiatrist."
His call for help
The video concluded with a request aimed at lawyers, content creators, and individuals who can assist in reviewing his immigration file.
"I am at the mercy of God all the time. Because everyone really knows that right now Cuba is the worst country in the world, at this moment, and I find myself in the eye of it," he said.
“Review my case because it is truly too much, it is too much, and I know I cannot handle it all”, he concluded.
Can you try reopening your case?
Removal orders issued in absentia have specific mechanisms for requesting 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 absence 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 status could indeed be relevant for analyzing why he did not act within certain deadlines afterwards.
The Fifth Circuit Court of Appeals, whose jurisdiction includes Texas, has acknowledged that certain deadlines for filing motions to reopen 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 evaluated 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, currently assisting, or being likely to assist authorities in the investigation or prosecution of the crime.
The procedure also includes cases of applicants who are outside of the United States.
In June 2026, 1,600 Cubans received deportation orders, with 68% of them 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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