On September 11, 2023, the Board of Immigration Appeals issued an opinion in the Matter of Cabrera-Fernandez, 28 I&N 747 (2023). The issue on appeal was whether the Immigration Judge was correct in his interpretation of the law that certain immigrants, in this case Cuban nationals, were paroled into the country under section 212(d)(5)(A) of the Immigration and Nationality Act (INA), thereby qualifying those Cubans for adjustment of status pursuant to the Cuban Adjustment Act.
The BIA disagreed with the Immigration Judge and took the decision that receipt of an I-220-A after detention is not humanitarian parole under section 212(d)(5)(A) of the INA. Rather, it is conditional parole under section 236 of the INA, which is insufficient for meeting the parole requirement for purposes of the Cuban Adjustment Act.
While this is a negative decision that takes affect immediately, the fight is not over, as other cases regarding this issue are on appeal now before the BIA and will be appealed in the future.
This fight will take years and Andy Downey Legal is ready.
