Colorado Court Orders Immediate Release of Cuban National, Ruling Parole Was Valid

Judge William J. Martinez of the U.S. District Court for the District of Colorado granted Andreu’s petition for a writ of habeas corpus, finding that the government failed to provide the proper written notice required to terminate her parole.

Andreu, a native and citizen of Cuba, entered the United States on August 4, 2024, and was processed by Customs and Border Patrol agents who granted her parole under § 212(d)(5) of the INA. DHS documentation in the record indicates she was paroled for two years pending removal proceedings.

The government argued that Andreu’s parole ended on April 18, 2025, based on her most recent Form I-94. However, the court found the Form I-94 to be an unreliable indicator of the original parole expiration date, noting that such forms are subject to change and can be adjusted after the fact.

Andreu was arrested in December 2025 following a domestic dispute. Although criminal charges against her were later dismissed and sealed, she was transferred to ICE custody and detained at the Denver Contract Detention Facility.

The government contended that Andreu’s parole terminated automatically when DHS served her with a Notice to Appear on August 4, 2024. The court rejected this argument, describing the simultaneous granting of parole and termination via the same charging document as a "patently absurd proposition" that would render the notice requirement a nullity.

The court found that the government adduced no evidence that Andreu’s parole was officially terminated in accordance with 8 C.F.R. § 212.5(e)(2), which requires written notice to the alien. Consequently, the court held that her initial two-year grant of parole remained valid at the time of her re-detention.

Citing precedent, the court determined that detaining a noncitizen with a valid grant of humanitarian parole violates the INA and its implementing regulations. The court also found that the failure to provide written notice violated Andreu’s procedural due process rights.

The order mandates that Andreu be released by no later than April 19, 2026, along with her personal belongings, subject only to the conditions of her pre-existing parole. The court enjoined the government from re-arresting or re-detaining Andreu unless her parole is properly terminated by adequate written notice.