BIA decision Archives - Miami Immigration Lawyer - Attorney Martha L. Arias, Esq.

Missed Immigration Court After Bad Advice?

Martha Arias — Mon, 28 Sep 2026 13:04:21 +0000

Missed Immigration Court? New BIA Decision Explains the Risk

A new Board of Immigration Appeals (BIA) decision highlights the serious risk of relying on unauthorized immigration advice.

Missing an Immigration Court hearing can have serious consequences. And a new precedent decision shows that saying someone else told you not to attend may not necessarily undo the damage afterward.

In Matter of K-K-U-J-, 30 I&N Dec. 81 (BIA 2026), a man said he hired someone to help with his immigration case and was told he did not need to appear at his scheduled court hearing. He stayed home.

The Immigration Judge ordered him removed in absentia, meaning the removal order was entered while he was absent.

The Board of Immigration Appeals ultimately declined to reopen the case based on the circumstances presented. The Attorney General designated the decision as precedent on September 18, 2026.

Read the official BIA decision: Matter of K-K-U-J-

Why This Matters

The decision does not mean that every person who misses Immigration Court because of bad advice has no options.

There are circumstances in which an in absentia removal order may be challenged or reopened. The reason the hearing was missed, whether proper notice was received, applicable deadlines, and other facts can all matter.

But the new decision sends an important practical message:

Do not assume that bad advice from an unauthorized person will automatically protect you from the consequences of missing Immigration Court.

EOIR warns that even failing to appear on time can result in an Immigration Judge entering an order of removal in your absence.

Official EOIR guidance on in absentia hearings

Be Careful Who Gives You Immigration Advice

Immigration paperwork can be complicated, and people sometimes turn to immigration consultants, document preparers, friends, or people commonly referred to as “notarios.”

That can become dangerous when the person starts giving legal advice.

The Department of Justice specifically warns that notarios, immigration consultants, visa consultants, and document preparers are not authorized to represent people in Immigration Court simply because they provide immigration-related services.

DOJ: Who Can Represent You Before Immigration Court?

If someone tells you that:

you do not need to attend your Immigration Court hearing;
your hearing has been canceled;
the court date has changed;
a continuance was granted; or
something was filed with the court on your behalf,

verify it. Do not rely only on what someone tells you.

Check Your Immigration Court Case

EOIR provides an official Automated Case Information System that allows many people in Immigration Court proceedings to check case information using their A-Number.

Check your case through EOIR’s official Automated Case Information System

EOIR notes that the online system may not contain every piece of information about every case. When necessary, the Immigration Court handling the case should be contacted directly.

What If You Already Missed Court?

Do not simply assume that nothing can be done.

Immigration law provides procedures for asking an Immigration Judge to reopen certain in absentia removal orders, but the available grounds and deadlines depend on why the person failed to appear and the particular history of the case.

Official EOIR information about motions to reopen in absentia orders

If you discover that you missed a hearing or that an Immigration Judge may have entered a removal order while you were absent, determining exactly what happened should be a priority.

The Important Lesson

Immigration Court is not the place to rely on assumptions or secondhand information.

If you receive a hearing notice, keep it. Verify your court date. Keep your address current with the appropriate immigration authorities. And be careful about who you allow to give you legal advice about your case.

LEGAL DISCLAIMER: This article is for general informational purposes only and does not constitute legal advice. Whether an immigration case can be reopened depends on the individual facts, procedural history, applicable law, and filing deadlines. No particular result can be guaranteed.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

Arias Villa, PLLC represents individuals in Immigration Court and removal proceedings and can review the circumstances of a missed hearing or in absentia removal order. For professional and dedicated immigration legal services, reach out to my office at Arias Villa, PLLC in Miami, FL or schedule your consultation today.

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I-220A and the Cuban Adjustment Act: What the 2026 Court Decision Means

Martha Arias — Wed, 05 Aug 2026 22:34:53 +0000

Clarification Regarding the Live Interview

During my live interview with Lourdes Ubieta on Radio Libre 790, we discussed expectations concerning possible developments in I-220A cases. This article reflects the verified legal position as of August 5, 2026. No official deadline has been announced for the Board of Immigration Appeals to issue a new decision in the cases discussed during the interview.

FOLLOW ME ON SOCIAL MEDIA

Many Cuban families who were released from immigration custody with Form I-220A continue to face uncertainty about whether they may qualify to apply for permanent residence under the Cuban Adjustment Act.

During my conversation with Lourdes Ubieta on Radio Libre 790, I explained why the document has become the center of an important legal debate and why people should be careful not to interpret recent court developments as a final resolution for everyone.

What Is Form I-220A?

Form I-220A is officially titled an Order of Release on Recognizance. It generally documents that Immigration and Customs Enforcement has released a person from custody subject to certain conditions while immigration proceedings continue.

The form may include requirements such as appearing for immigration hearings, reporting to ICE, complying with release conditions, and informing immigration authorities of changes of address. However, Form I-220A does not, by itself: grant lawful immigration status; grant permanent residence; cancel removal proceedings; or establish that the person received immigration parole under section 212(d)(5)(A) of the Immigration and Nationality Act.

ICE’s official form identifies the I-220A as an Order of Release on Recognizance.

Why Does Parole Matter Under the Cuban Adjustment Act?

The Cuban Adjustment Act allows certain natives and citizens of Cuba to apply for adjustment to lawful permanent resident status.

A principal applicant generally must demonstrate, among other requirements, that the person:

is a native or citizen of Cuba;
was inspected and admitted or paroled into the United States after January 1, 1959;
has been physically present in the United States for at least one year when filing;
is eligible to receive an immigrant visa;
is admissible to the United States, or qualifies for any applicable waiver; and
merits a favorable exercise of discretion.

Meeting the entry and physical-presence requirements does not guarantee approval. Adjustment under the Cuban Adjustment Act remains subject to the applicant’s complete immigration history, admissibility, supporting evidence, and the government’s discretionary review.

What happened in the 2026 court decision?

On February 23, 2026, the Eleventh Circuit Court of Appeals reviewed two groups of cases involving Cuban nationals.

The court set aside the earlier BIA decisions in those particular cases and returned the cases to the BIA for further review.

One important reason was that the federal government had changed its position concerning which part of the immigration law applied to the petitioners’ detention. The court determined that the BIA should have another opportunity to review the cases in light of that change and other legal developments.

This was meaningful for the people involved because their cases will receive further consideration.

However, the court did not rule that every I-220A is parole.

It also did not declare that every Cuban with an I-220A qualifies for permanent residence.

What does the decision mean for I-220A holders?

For now, the decision means that the specific cases returned by the court must be reviewed again.

It may eventually provide greater clarity, but people should not assume that the law has already changed for everyone. The court did not establish a deadline for the BIA to issue its next decisions, and no person should rely on rumors that a general decision will be released on a particular day.

How a future decision affects someone may depend on details such as:

- how the person entered the United States;
- what documents immigration authorities issued;
- the legal basis for the person’s detention and release;
- whether the person has a pending immigration-court case; and
- whether the person meets the remaining requirements for permanent residence.

Two people may both have an I-220A but still have very different legal situations.

Could this issue affect people who are not Cuban?

The Cuban Adjustment Act applies specifically to qualifying Cuban natives and citizens.

However, the broader legal question concerning parole may also be important in some cases involving people from other countries. For example, a person seeking permanent residence through a U.S.-citizen spouse or through a U.S.-citizen son or daughter who is at least 21 years old may need to show that they were inspected and admitted or paroled.

Even if parole is established, it satisfies only one part of the process. It does not automatically make someone eligible for permanent residence. The family petition, immigration history, admissibility, prior removal orders, court proceedings, and other requirements must still be reviewed.

What should a person with an I-220A do now?

People should not file an application simply because they saw a favorable headline, heard that a decision might be coming soon, or know someone else whose case appears similar.

Before taking action, it is important to review the complete immigration record, including:

the I-220A;
the Notice to Appear;
entry and release documents;
immigration-court records;
previous applications;
family petitions; and
any orders or notices issued by immigration authorities.

A careful review can help determine what options may be available and whether filing an application now could create unnecessary risks.

I thank Lourdes Ubieta and Radio Libre 790 for giving us the opportunity to explain this issue to the community. Legal developments can create hope, but they must be discussed responsibly and without promising a result that has not yet been established.

For an individual evaluation involving an I-220A, the Cuban Adjustment Act, family-based immigration, or immigration-court proceedings, contact my office at (305) 671-0018

Disclaimer:

This article provides general educational information and does not constitute legal advice. Every immigration case is different. Eligibility depends on the person’s documents, immigration history, court proceedings, and applicable law. Reading this article or contacting the firm does not, by itself, create an attorney-client relationship.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

For professional and dedicated immigration legal services, reach out to our immigration attorney Martha Arias at Arias Villa, PLLC. Schedule your consultation today and let us help you achieve your immigration goals.

CALL NOW

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