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Fabian fled Cuba in October 2019 due to political and religious persecution. Upon arriving at the U.S. border, he expressed a fear of return but was forced to remain in Mexico under MPP (Migrant Protection Protocols). While awaiting his hearing in El Paso, he was kidnapped and brutally raped for approximately one month. This kidnapping and torture caused him to miss his Master Calendar Hearing, and he was ordered removed in absentia in February 2020. Fabian re-entered the U.S. in early 2021. After a brief detention in Yuma, AZ, he was released under an Order of Supervision (OSUP) because he could not be removed to Cuba or a third country. For the next four years, he lived in Lancaster, PA, attending every annual ICE check-in and maintaining a clean criminal record.
In September 2025, ICE placed an ankle monitor on Fabian without explanation. In October 2025, he was arrested during a non-routine check-in and has been detained at Moshannon Valley Processing Center in PA ever since. PAIFUP took on his case and on December 18, 2025, we filed a motion to reopen. The Immigration Court erroneously rejected the filing, claiming his "Change of Adress/ information" form was missing, despite the form being included in the original submission. We refiled the motion on December 23, 2025, immediately upon learning of the rejection. Despite 600 pages of corroborating evidence of his torture in Mexico showing why he missed his hearing, the IJ denied the MTR on February 18, 2026.
The IJ's reason for denying was that Fabian could not remember the exact dates of his month-long kidnapping and assault. We appealed the denial to the BIA. The BIA denied the appeal. Outside pro bono counsel is currently pursuing a PFR (Petition for Review) in the 5th circuit.
In December of 2025, Fabian also got notice he would receive a third-country fear screening to be deported to Mexico. He underwent 2 fear screenings and still has not heard back. In March 2026, we filed a habeas petition in WDPA (Western District of PA) based on improper OSUP revocation, third-country removal issues, and Zadvydas. We worked with Kennedy Human Rights on this case with advising on the third-country issue by NILA. On July 30, 2026, the habeas petition was granted and Fabian was ordered immediately released from detention. He is now reunited with his family and U.S. citizen daughter after several months apart.
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