In the year since the 2021 Miami immigration judge decision, many practitioners have assisted Cuban clients in pursuing adjustments under the CAA, arguing that their release from DHS custody at the border constitutes parole under INA § 212(d)(5), thus satisfying the “inspected and admitted or paroled” requirement under the CAA. 830 (2018), the only authority the Department of Homeland Security (DHS) has to release individuals seeking admission under INA § 235 is parole under INA § 212(d)(5), regardless of the paperwork issued to the noncitizen. In a 2021 decision, an immigration judge in Miami found that, pursuant to a Supreme Court case, Jennings v. Although this policy officially ended under President Obama in 2017, many officers have continued to release Cubans at the border pending their INA § 240 proceedings, with or without issuing them documentation reflecting INA § 212(d)(5) parole. Pursuant to the previous “wet-foot/dry-foot” policy, Cubans detained at ports of entry were not subjected to expedited removal but rather paroled under INA § 212(d)(5) to seek adjustment under the CAA. Under the CAA, Public Law 89-732, Cuban citizens or “natives” qualify to adjust to lawful permanent resident (LPR) status as long as they: (1) have been inspected and admitted or paroled into the United States (2) have been physically present in the United States for at least one year at the time of application (3) are admissible to the United States and (4) merit a favorable exercise of discretion. The notice outlined the required procedure for those applicants to seek reopening of their adjustment cases under USCIS’s new policy that such releases from DHS custody constitute “parole” for the purposes of the statute. Citizenship and Immigration Services (USCIS) issued a notice regarding previous denials of adjustment under the Cuban Adjustment Act (CCA) for Cubans designated “arriving aliens” at the border by the Department of Homeland Security (DHS) and subsequently released pending their removal proceedings.
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