L-T-P
26 I. & N. Dec. 862 (2016)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
Eligibility for adjustment of status under section 209 of the Immigration and Nationality Act requires an individual to have been formally admitted to the United States as a refugee or granted asylum; status as a parolee, including the designation 'Cuban/Haitian Entrant', does not satisfy this requirement.
Facts:
- The respondent, L-T-P-, is a native and citizen of Cuba.
- On August 25, 1980, L-T-P- arrived in the United States as part of the Mariel Boatlift.
- His Arrival/Departure Record (Form I-94) was stamped 'Cuban/Haitian Entrant (Status Pending)'.
- The I-94 form indicated that he was paroled into the country under section 212(d)(5) of the INA for the purpose of seeking 'Cuban Asylum'.
- On August 19, 1986, L-T-P- was convicted in Maryland of three counts of conspiracy to violate controlled dangerous substance laws.
Procedural Posture:
- On May 11, 2010, the respondent applied for adjustment of status under the Cuban Adjustment Act with U.S. Citizenship and Immigration Services (USCIS).
- USCIS, an administrative agency, denied the application on July 22, 2010, finding the respondent inadmissible due to a controlled substance conviction.
- On October 26, 2010, the Department of Homeland Security initiated removal proceedings against the respondent in Immigration Court by issuing a Notice to Appear.
- In removal proceedings before an Immigration Judge (the trial-level court), the respondent applied for adjustment of status and a waiver of inadmissibility under INA § 209(c).
- On February 4, 2014, the Immigration Judge denied the application, ruling that the respondent was statutorily ineligible for relief because he was neither a refugee nor an asylee.
- The respondent (appellant) appealed the Immigration Judge's decision to the Board of Immigration Appeals (the intermediate appellate body).
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a Cuban national who was paroled into the United States in August 1980 as a 'Cuban/Haitian Entrant (Status Pending)' qualify as a refugee or asylee, thereby making him eligible to apply for adjustment of status under section 209 of the Immigration and Nationality Act?
Opinions:
Majority - O’Herron, Temporary Board Member
No. A Cuban national who was paroled into the United States in August 1980 as a 'Cuban/Haitian Entrant' does not qualify as a refugee or asylee for the purposes of adjustment of status under section 209. The statute explicitly requires an alien to have been either admitted as a refugee under section 207 or granted asylum under section 208. The historical context shows that after the Refugee Act of 1980, the Carter Administration ceased using refugee admission procedures for the Mariel Cubans and instead used its ad hoc parole authority. A specific regulation, 8 C.F.R. § 209.1(a)(2), designates only those Cubans paroled between April 1, 1980, and May 18, 1980, as having entered as refugees; the respondent arrived in August 1980, outside this window. The 'Cuban/Haitian Entrant' status was created by the Refugee Education Assistance Act of 1980 for the limited purpose of providing social welfare benefits, not for conferring refugee status under immigration law. Therefore, the respondent's parole status makes him statutorily ineligible for relief under section 209.
Analysis:
This decision strictly interprets the eligibility requirements for adjustment of status under INA § 209, cementing the legal distinction between being 'paroled' into the U.S. and being formally 'admitted as a refugee.' It clarifies that special ad hoc designations like 'Cuban/Haitian Entrant,' created during humanitarian crises, do not confer the specific immigration status needed for certain forms of relief. This precedent significantly limits the options for Mariel-era Cubans with criminal inadmissibility grounds, affirming that their unique entry circumstances do not equate to refugee status for the purpose of seeking a section 209(c) waiver.
