Matter of Cabrera-Fernandez

Matter of Cabrera-Fernandez

(1) Release on conditional parole under section 236(a)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a)(2)(B) (2018), is legally distinct from release on humanitarian parole under section 212(d)(5)(A) of the INA, 8 U.S.C. § 1182(d)(5)(A) (2018). Matter of Castillo-Padilla, 25 I&N Dec. 257, 258–63 (BIA 2010), followed.

(2) Applicants for admission who are released on conditional parole rather than humanitarian parole have not been “inspected and admitted or paroled,” and accordingly are not eligible for adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732, 80 Stat. 1161, as amended.

"In a decision dated August 16, 2022, the Immigration Judge granted the respondents’ application for adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732, 80 Stat. 1161, as amended (“Cuban Adjustment Act”). The Department of Homeland Security (“DHS”) has appealed that decision, arguing that the respondents have not been admitted or paroled. The respondents oppose DHS’ appeal. We will sustain the appeal, vacate the Immigration Judge’s order granting adjustment of status, and remand the record to the Immigration Court for further proceedings. ... As applicants for admission who were released on conditional parole rather than humanitarian parole, the respondents have not been “inspected and admitted or paroled,” and accordingly are not eligible for adjustment of status under the Cuban Adjustment Act. Cuban Adjustment Act § 1."