MIAMI, USA – Cuban activist and scientist Oscar Casanella is poised to face a critical political asylum hearing on Tuesday, June 24, before an immigration court in Miami. The outcome of this hearing is decisive for Casanella and his wife, as they present their case to avoid deportation back to Cuba.
Casanella contends that his life and liberty would be at grave risk if he were returned to the island nation, citing fears of imprisonment due to his sustained activism against the Cuban regime. He conveyed the severity of his situation in an interview with Telemundo 51, stating unequivocally that his life would be in danger if deported.
Background and Activism
A biochemist by training and a former Immunology professor at the prestigious University of Havana, Casanella has been a vocal critic of the Cuban government. His activism has reportedly drawn the attention and ire of state authorities, leading him to seek refuge outside the country.
He entered the United States in January 2022, crossing the U.S. southern border, and subsequently applied for asylum. Upon entry, he was issued an I-220A form, a document that has become a point of contention in his legal battle.
The Legal Challenge and I-220A
According to Casanella’s attorney, Deliane Quiles, the I-220A form places him in a state of “migratory limbo.” Crucially, Quiles argues that this particular form excludes Casanella from eligibility under the Cuban Adjustment Act, a 1966 law that has historically provided a pathway to permanent residency for Cubans arriving in the United States.
The classification under the I-220A, rather than other entry paroles or stamps, significantly complicates his immigration status and narrows his legal avenues for remaining in the country, making the asylum hearing his primary opportunity.
Evidence of Repression
Casanella has compiled and submitted extensive documented evidence to support his asylum claim. His filing includes concrete proof of the repression he faced in Cuba, featuring photos, videos, and official summons from authorities, all aimed at demonstrating the basis for his fear of persecution upon return.
He expressed concern that immigration authorities might apply general measures or policies to his case without conducting a thorough analysis of his specific, individual circumstances and the unique threats he faces due to his history as a dissident.
The Upcoming Hearing and Personal Context
The high-stakes hearing scheduled for Tuesday, June 24, adds a poignant personal dimension to Casanella’s plight – the date coincides with the birthday of his eldest child.
During the hearing in the Miami immigration court, Casanella and his wife are expected to present their full case, detailing the history of his activism, the evidence of repression, and the basis for their well-founded fear of persecution should they be deported to Cuba.
Potential Outcomes and Legal Options
The outcome of Tuesday’s hearing is uncertain. If the asylum claim is denied, Casanella would have legal options available, including the possibility of filing a motion to dismiss his case or pursuing an appeal of the immigration court’s decision.
Another theoretical option involves seeking a credible fear interview, a process typically conducted earlier in the asylum process. However, under current guidelines and given his current status, this path is considered complex and potentially less viable for him at this stage.
The fate of Oscar Casanella, a prominent voice against the Cuban regime, now rests on the decision of the Miami immigration court, highlighting the precarious situation faced by dissidents seeking refuge and protection abroad.
