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since 2009
Wednesday, October 28, 2026

Cuba Latin America

Some Cuban Migrants Can Reopen US Cases Free

By · October 28, 2026 · 6 min read
The glass-fronted John Joseph Moakley United States Courthouse on Boston's waterfront, with a small motorboat and sailboats in the foreground
Photo: 4300streetcar / Wikimedia Commons (CC BY 4.0)

CUBA · IMMIGRATION

Key Facts

  • What is happening US immigration officials opened a fee-free route for migrants who entered through the CBP One border app to ask for certain denied cases to be reopened.
  • Why it matters Cubans were among those paroled after booking a CBP One appointment, and a denial can set back a green card, an asylum claim or a work permit.
  • The numbers Covered decisions were issued between 1 April 2025 and 21 April 2026; the class entered on parole between 16 May 2023 and 19 January 2025.
  • Who is who USCIS decides green cards and asylum; Judge Allison Burroughs of the federal court in Massachusetts ordered the remedy in the class action Sileiri Doe against Homeland Security.
  • What to watch Official forms, deadlines and how many Cubans qualify; each request must be tied to the parole cancellation, and reopening is not automatic.
  • Power Index Cuba ranks 14th of 14 in The Rio Times Latin America Power Index, with 22.5 points (October 2026 edition).
  • What it means for you Cuban families in the US with a denial dated April 2025 to April 2026 should consult a lawyer on whether they belong to the class.

US officials say migrants hit by a 2025 parole cancellation can ask for a second look at denied cases. There is no filing fee.

The US immigration agency USCIS has opened a fee-free route for Cuban migrants and others who entered through the CBP One app. They can ask for a second look at certain denied cases.

The change follows a federal court order of Monday, 28 September, in the class action Sileiri Doe against Homeland Security. For many Cuba families in places like Miami, a reopened case can keep a green card or asylum claim alive.

In Plain English

  • CBP One: a free phone app run by US Customs and Border Protection that let migrants book border appointments; it ended in January 2025.
  • Parole: temporary permission to be in the US, granted case by case; it is not a visa or a green card.
  • USCIS: US Citizenship and Immigration Services, the Homeland Security agency that decides green cards, asylum and work permits.
  • Class action: one lawsuit that speaks for everyone in a defined group, so members do not each have to sue.
  • Reopening or reconsideration: asking an agency to look again at a decision it has already made against you.
  • Cuban Adjustment Act: a 1966 law that lets many Cubans in the US apply for a green card after one year and a day.

What USCIS Announced

USCIS issued a litigation update for Sileiri Doe class members, according to the American Immigration Lawyers Association, a national lawyers’ group. It says they may ask for reopening or reconsideration of certain denials without a filing fee.

A covered decision must date from 1 April 2025 to 21 April 2026 and, the person believes, result from the parole cancellation. The association says requests for a work permit based on parole are excluded.

Members need not have joined the lawsuit. They booked a CBP One appointment, won parole from 16 May 2023 to 19 January 2025 and got the April notice.

How the Lawsuit Got Here

In April 2025 the government emailed CBP One parolees that parole had ended, giving seven days to leave, plaintiffs’ lawyers say. The Venezuelan Association of Massachusetts and three migrants sued on Monday, 11 August 2025.

The three came from Venezuela, Cuba and Haiti, and their lawyers say the case speaks for hundreds of thousands. Judge Allison Burroughs of the federal court in Boston vacated the mass terminations on Tuesday, 31 March 2026.

A white and blue 'Welcome to Little Havana USA' street sign among palm leaves, with a Cuban restaurant sign behind it
A welcome sign in Little Havana, the Cuban-American district of Miami, photographed on 7 April 2015. A file photo: it does not show the court order or any person affected. Photo: osseous / Wikimedia Commons (CC BY 2.0)
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She also ordered class members restored to their earlier parole status. On Tuesday, 21 April, Homeland Security (DHS) said it would restore end dates and send individual termination notices.

The court refused to extend class members’ parole to 19 January 2027, finding DHS in compliance then. The Clinic, a network of immigrant legal groups, says DHS seems to reject restoring parole that would have expired anyway.

Court Pressure on Homeland Security

The order of Monday, 28 September is a final sanctions order, an immigration-litigation tracker says. It requires DHS to give plaintiffs’ lawyers the class list and a list of members harmed.

It also requires a fee-free process to seek reopening, plus a translated notice to class members. The court rejected broader requests, including release from detention and backdated benefits.

On Friday, 16 October the judge denied DHS a 21-day delay for the list of adverse consequences. She ordered the lists produced by Monday, 19 October and refused to delay notice to class members, the case docket shows.

Why Cuban Migrants Are Watching

Under the Cuban Adjustment Act, many Cubans paroled into the US can seek a green card after a year and a day. A denial or closed case tied to lost parole can therefore cost a Cuban applicant years of progress.

Parole alone does not guarantee approval, because USCIS also checks other requirements. Related reports cover falling Cuban green card approvals and rising ICE arrests of Cubans.

What It Means for US Readers

Anyone who may be covered should consult an immigration lawyer or legal-aid group before filing anything. Only USCIS and the court decide who qualifies, and this article is not legal advice.

The order shows a federal judge pressing DHS to repair a mass policy’s effects. See also the Dignity Act and its US$7,000 fee and Cuban asylum claims in Mexico.

What Is Not Known

The USCIS page returned an access-denied error, so its wording comes from legal summaries. Its publication date, filing forms and deadlines could not be confirmed at the source.

No official count shows how many people, or how many Cubans, belong to the class or appear on the list. The text of the 28 September order was read through summaries; the docket confirms it but does not reproduce it.

What Comes Next

Class members should receive a court-ordered notice, and a lawyer can explain USCIS’s official filing instructions. Further court deadlines in the case are likely, since DHS has already asked for extensions.

This does not mean automatic reopening, a green card or restored parole for every migrant. Each request depends on the person’s facts and on USCIS’s review.

Frequently Asked Questions

What is CBP One?

A free phone app run by US Customs and Border Protection that let migrants book border appointments. It was shut down in January 2025.

Who can ask to reopen a case?

People paroled through a CBP One appointment between 16 May 2023 and 19 January 2025 who got the April 2025 notice. They must also remain in the US.

Does it cost anything?

No filing fee is charged for these requests, according to USCIS’s alert as summarised by lawyers. Work-permit requests based on parole are excluded.

Which decisions are covered?

Adverse decisions issued between 1 April 2025 and 21 April 2026. The person must believe the parole termination caused them.

Does reopening guarantee a green card?

No. It only asks USCIS to look again. The agency still applies its normal requirements.

Where should Cuban migrants check the details?

Check USCIS’s alert page and ask an immigration lawyer. Forms and deadlines were not confirmed here.

Sources: American Immigration Lawyers Association, summary of the USCIS alert, 27 October; Civil Rights Litigation Clearinghouse, Doe v. DHS docket, 1:25-cv-12245 (D. Mass.); The Clinic (Catholic Legal Immigration Network), ruling of 31 March 2026; National Immigration Litigation Alliance, Litigation Navigator, October 2026; Democracy Forward, plaintiffs’ counsel, case page (all accessed 28 October 2026).

This article was produced by The Rio Times’ automated newsroom system. How we use AI · Report an error · Editorial responsibility: Matthias Camenzind, Editor-in-Chief

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