The case Bello-Rubio v. Noem just took a step that brings real hope to Miami's Cuban community. On September 10, 2026, a federal judge denied the government's attempt to close this lawsuit early. However, it is essential to understand exactly what that means, and what it does not mean yet. This article carefully explains, without exaggerating, what the case is about, what the court decided, and what still has to happen before anything actually changes.
In Brief: The Bello-Rubio v. Noem Case
- What happened. On September 10, 2026, Judge Jacqueline Becerra, of the U.S. District Court for the Southern District of Florida, denied the government's motion to dismiss the case.
- What the case is about. The case, docketed as No. 1:25-cv-23665, seeks to have the I-220A document recognized as "parole" for purposes of the Cuban Adjustment Act.
- How many plaintiffs it has. Specifically, the lawsuit was filed by 992 Cubans who hold that document.
- Keep this in mind: this ruling does not yet say whether the I-220A counts as parole. However, it only allows the case to keep moving forward.
- Specifically, the government has one week from that date to file a revised version of its motion to dismiss.
What Exactly Is the Bello-Rubio v. Noem Case?
Bello-Rubio v. Noem is a lawsuit filed on August 14, 2025, before the U.S. District Court for the Southern District of Florida. The full name of the defendant is the Secretary of the Department of Homeland Security, which is why the case is also cited as "Bello-Rubio v. Department of Homeland Security." Indeed, it is before Judge Jacqueline Becerra.
The lawsuit was filed by 992 Cuban nationals who were released with a document known as an I-220A, an order of release on recognizance issued by Immigration and Customs Enforcement (ICE). In addition, the attorney representing the plaintiffs has asked that the case be certified as a nationwide class action, which would extend any favorable outcome to more people in the same situation.
Important: the case was filed as a petition for a writ of habeas corpus, under federal law 28 U.S.C. § 2241. That is a specific procedural path, different from an ordinary immigration appeal.
Why Does It Matter Whether the I-220A Counts as "Parole"?
Because the Cuban Adjustment Act of 1966 allows a person born in Cuba to apply for permanent residence if they were "inspected and admitted, or inspected and paroled" into the United States after January 1, 1959, and if they have been physically present in the country for at least one year. In fact, USCIS's own official page confirms this requirement directly.
The I-220A does not say, in its own text, that it is a "parole." That is why the government argues it does not count for this purpose, while the plaintiffs argue that, in practice, it serves the same function. Indeed, that is exactly the central question the court still has to answer.
What Did the Judge Decide in Bello-Rubio v. Noem on September 10?
In short, Judge Becerra decided two specific things. First, that the court does have jurisdiction to continue reviewing the case. Second, in fact, she denied the government's motion seeking to dismiss it entirely. In other words, the lawsuit remains alive.
Careful: this ruling is procedural, not on the merits. The judge did not say the I-220A is a parole, nor that the plaintiffs will win. Rather, she only said the case deserves to keep being reviewed.
What Did Bello-Rubio v. Noem Not Decide Yet?
Specifically, the judge did not decide whether the I-220A legally counts as a parole under the Cuban Adjustment Act. She also did not decide whether the case will become a nationwide class action. Nor did she order that any plaintiff receive, for now, permanent residence or any other immigration benefit.
In fact, this has already been a difficult question in the past. In 2023, an appeals court ruled that the I-220A was not a parole for these purposes. You can read the background on that earlier ruling in our article on the appeals court that denied Cuban Adjustment residency under the I-220A. That precedent is exactly what makes this new case, built on a different approach, so closely watched.
How Many People Could Bello-Rubio v. Noem Affect?
According to estimates from those representing the plaintiffs, a favorable outcome in this case could eventually benefit somewhere between 500,000 and 600,000 Cubans in a similar immigration situation. However, that figure does not come from an official government source. It comes from the organizations and attorneys behind the lawsuit themselves, so it is worth treating it as an estimate, not a confirmed fact.
| Detail | Figure | Source and date |
|---|---|---|
| Current plaintiffs | 992 people with I-220A | Court record, Case No. 1:25-cv-23665 |
| Potential beneficiaries if a nationwide class is certified | Between 500,000 and 600,000 Cubans, per the plaintiffs | Statements from plaintiffs' counsel, September 2026 |
| Government's deadline to respond | One week from September 10, 2026 | Telemundo 51 Miami, September 10, 2026 |
Verified on September 10, 2026 against the case record on CourtListener and Telemundo 51 Miami's coverage of that day's hearing.
What Happens Next in the Bello-Rubio v. Noem Process?
Based on what has been reported, the government has one week, counted from September 10, 2026, to file a revised version of its motion to dismiss. After that, the litigation is expected to move toward the central question: whether the I-220A is equivalent to a parole or not.
Important: this remains a moving target. The hearing itself had already been postponed twice before it finally took place, so the timeline could keep changing.
What Do We Recommend Doing Now?
First, understand that this ruling does not, by itself, give anyone with an I-220A any new immigration benefit. Second, if you hold this document, do not make any major decision based only on this news. Third, keep following the next hearings, because the central question in the case is still unresolved. And fourth, be wary of anyone who assures you that you can already apply for residence because of this case. That is not true yet.
In our firm, your case is reviewed in a consultation with attorney Jesús Reyes. Our consultations are not free. However, they allow us to review your file in depth and tell you honestly what legal alternatives exist today, while this case moves forward. We also offer emergency consultations, which are scheduled faster and cost more. You can schedule your consultation here.
Frequently Asked Questions About Bello-Rubio v. Noem
Can I Already Apply for Residence With My I-220A Because of This Case?
No. The September 10, 2026 ruling only allows the lawsuit to continue. It does not yet change any requirement for applying for residence under the Cuban Adjustment Act.
Does This Protect Anyone From Deportation?
Not by itself. This ruling is about whether the case can move forward, not about anyone's individual immigration situation.
Am I Part of This Lawsuit If I Have an I-220A?
Not automatically. For now, the lawsuit covers the 992 original plaintiffs. If it is later certified as a class action, that could change.
When Will We Know If the I-220A Counts as Parole?
There is no confirmed date yet. First, the government has to file its new motion, and then the court will need to rule on the merits of the case.
What Happened With the 2023 Appeals Court Case?
That court ruled that the I-220A did not count as a parole. It is one of the precedents that makes this new case, brought through a different approach, so relevant to follow.
Can I Join the Lawsuit If I Have an I-220A but Am Not One of the Original 992?
For now, there is no public mechanism to join individually. If the court certifies a class action, that could change, which is why it is worth following every update on Bello-Rubio v. Noem closely.
Where Can I Verify This Information?
Always with official sources and serious press. At the end of this article, we link the court record and the news coverage we used to verify every detail.
Conclusion on Bello-Rubio v. Noem
We understand that, after so much uncertainty, news like this feels like a door opening. And in a sense it is: the case remains alive, and that is already more than many expected. But the door has only opened a crack. The court still has to decide the most important question. In the meantime, the most responsible thing to do is stay informed and calmly review your specific situation.
Do you have questions about how this could affect your case? Contact us. We handle cases worldwide from our office in Miami, Florida. We are here to advise you and review your specific situation.
Related: you can also read about whether you can adjust status as a Cuban under the I-220A, and about immigration options for the Cuban community in the United States.
See also our frequently asked questions, our immigration services, and the rest of our updates on our blog.
Sources Consulted
- CourtListener — Court record for Bello-Rubio v. Noem, No. 1:25-cv-23665, U.S. District Court for the Southern District of Florida.
- Telemundo 51 Miami — Coverage of the September 10, 2026 hearing before Judge Jacqueline Becerra.
- USCIS — Green Card for a Cuban Native or Citizen, official requirements under the Cuban Adjustment Act.
