Immigration attorney Willy Allen expressed his belief that cases with form I-220A will ultimately be resolved favorably for those who possess it, although he cautioned that the process will take longer than he would like.
"Based on the belief that the federal courts do not like the inconsistency surrounding the I-220A, and this is part of the reason why I believe that sooner or later —though I hope it’s sooner— the 220A will be resolved in favor of all who hold it," Allen stated during his weekly Q&A program on CiberCuba, hosted by Tania Costa.
The lawyer's optimism is based on the judicial history of the matter. The class action Bello-Rubio v. Noem, filed by a thousand Cubans before federal judge Jacqueline Becerra in the Southern District of Florida, remains active after surviving two attempts by the Government to dismiss the case.
The lawsuit seeks to have the I-220A recognized as parole, a necessary requirement to apply for residency under the Cuban Adjustment Act. The Miami judge rejected the government's first attempt to dismiss the lawsuit in September, and in October, the Executive submitted a new motion that the plaintiffs responded to days later.
Allen also addressed specific inquiries from the audience. To Randy Pérez, who has been waiting a year and four months for his work and residency permit after entering through humanitarian parole arranged by his brother, the lawyer advised patience. "Wait a little longer. I wouldn't file a Mandamus because two years haven't passed. It's possible that you will be interviewed for your residency, as they are interviewing many individuals, especially those who entered through humanitarian parole, and you won’t have any issues since your brother arranged your parole."
Regarding Judge Vivian Reader from Memphis, Tennessee, mentioned by another listener, Allen pointed out that he does not know her since she is a new judge, but he added that "overall, there are good judges in Memphis."
The lawyer also took the opportunity to reiterate his view on where the true legal protection of immigrants lies. "Our protection does not come from political elections, nor from cheap politicians like the ones we have. Our protection lies in the federal courts."
This conviction gains relevance in the context of the recent order from a federal judge that prohibits ICE from detaining individuals based on Latino appearance, applicable to seven counties in Southern California, which Allen had cited as an example of the role of the courts as a shield against immigration abuses.
The program was broadcast during a challenging personal time for Allen: the next day he was scheduled for surgery, and the day before, his longtime partner, attorney Luis Fernández, had passed away. Despite this, the lawyer maintained his usual warm tone with the audience and concluded with a phrase that encapsulates his state of mind: "As my brother often tells me, we are in extra time."
El I-220A es solo uno de los muchos temas migratorios que afectan a los cubanos en Estados Unidos. Sigue de cerca todas las novedades en nuestra sección de
Filed under: