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Familia migrante revisa documentos junto a una ventanilla de oficina gubernamental en Estados Unidos
Familia revisa documentos migratorios ante una ventanilla gubernamental en Estados Unidos. · Erick Prometeo Media

Sileiri Doe class can seek reopening of adverse decisions without a fee

A court order issued on Sept. 28, 2026, lets Sileiri Doe class members ask USCIS, without a fee and with no filing deadline, to reopen or reconsider adverse…

--- The context --- The class covers people who scheduled their entry through the CBP One mobile app, were paroled into the United States between May 16, 2023, and Jan. 19, 2025, had that parole terminated in April 2025 through a mass email saying it was time to leave the United States, and remain in the country. --- The facts --- On Sept. 28, 2026, the U.S. District Court for the District of Massachusetts ordered the Department of Homeland Security to remediate certain adverse consequences for that class, in Sileiri Doe v. DHS, 1:25-cv-12245-ADB. Under the order, class members may ask USCIS to reopen or reconsider an adverse decision on an immigration benefit request without a fee, if they believe it resulted from the April 2025 parole termination. The process applies when USCIS issued the original decision between April 1, 2025, and April 21, 2026, and there is no deadline to file. An adverse decision means a benefit request that was denied, dismissed, deemed abandoned, administratively closed, rejected, or referred to the Executive Office for Immigration Review. Employment authorization based on parole is excluded. --- The positions --- The April 2025 termination emails were vacated by the district court on March 31, 2026, parole was ordered reinstated, and those emails had no legal effect: the Department of Homeland Security cannot use them to deny applications, as grounds on admissibility or detention, or for unlawful presence under INA § 212(a)(9)(B) and (C)(i), 8 U.S.C. § 1182(a)(9)(B) and (C)(i). On April 21, 2026, Customs and Border Protection reinstated parole periods and issued new termination notices, which the September order does not affect. --- What remains unknown --- The request must be filed on the form designated by USCIS, must explain how the April 2025 termination affected eligibility, and will be reviewed case by case, approvable only if eligibility is shown without consideration of that termination. Additional information appears on the Form I-589 website, for asylum, and the Form I-290B website, for other benefit types. --- Unanswered questions --- How many class members received an adverse decision because of that termination? How long will USCIS take to decide these requests case by case? What will happen to class members in removal proceedings? --- EPM analysis --- The process does not include appeals, which on Form I-290B follow normal procedures. A class member in removal proceedings must first have the case terminated or dismissed by an immigration judge, with limited exceptions; if USCIS no longer has jurisdiction, it will reject or deny the request. 📌 EPM Take: In EPM's view, this route repairs a concrete harm without opening an indiscriminate door, because it requires eligibility to be shown case by case and reaches only decisions shaped by a termination that a court already vacated as legally ineffective. Its real value will be measured in administrative practice, in the clarity of the instructions USCIS provides, and in whether any family is left out for being unable to pay a fee after suffering the consequences of an email that should never have produced effects. Each file now deserves a clear, timely and reasoned answer.
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