Sileiri Doe: CBP One Parolees Can Now Ask USCIS to Reopen Denials Without a Fee
Under a September 28, 2026 order in Sileiri Doe v. DHS, people who entered with a CBP One appointment and had their parole cut off by email in April 2025 can ask USCIS, at no fee and with no deadline, to reopen or reconsider a denial issued between April 1, 2025 and April 21, 2026.
Am I a Sileiri Doe class member?
Answer four questions taken from the class definition USCIS publishes, then one about your USCIS case. This is a general guide, not a legal determination.
All questions and outcomes are listed below.
1Did you schedule your appointment to enter the United States through the CBP One app?
2Were you paroled into the United States between May 16, 2023 and January 19, 2025?
3Was your parole terminated in April 2025 by an email, for example one saying “It is time for you to leave the United States”?
4Are you still in the United States?
5Did USCIS deny, dismiss, reject, close or refer one of your applications to immigration court between April 1, 2025 and April 21, 2026, in a way you believe resulted from the parole termination?
Work permits based on parole (category C11) are excluded from this process.
What did the Sileiri Doe order change?
Sileiri Doe v. DHS (No. 1:25-cv-12245-ADB, D. Mass.) is a class action brought for people paroled after a CBP One appointment whose parole the government ended by mass email in April 2025. According to USCIS’s October 26, 2026 alert, the court acted in two steps.
On March 31, 2026, it vacated the termination emails and ordered DHS to reinstate parole for all class members. Under that order the emails “had no legal effect”: DHS cannot use them to deny applications, to make admissibility or detention decisions, or as the basis for unlawful presence under INA § 212(a)(9)(B) and (C)(i). Then, on September 28, 2026, the court ordered DHS to repair certain “adverse consequences” of the emails. USCIS’s part of that repair is the fee-free reopening process described here.
Before vs. after
Before the September 28 order
A class member who wanted USCIS to revisit a denial generally had to file a motion on Form I-290B with the regular fee and within the usual motion deadline.
Now
For decisions issued April 1, 2025 to April 21, 2026 and tied to the April 2025 termination, the request is free and has no deadline. Appeals still follow the normal rules and fees.
How many people used CBP One?
The government has not published the size of the class in the materials we reviewed. Customs and Border Protection (CBP) data shows the scale of the program the class came from. CBP reported that, from January 2023 through the end of December 2024, more than 936,500 people successfully scheduled CBP One appointments at ports of entry.
| CBP One milestone (cumulative since Jan. 2023) | People who scheduled appointments | Processed that month |
|---|---|---|
| End of September 2023 | nearly 278,000 | about 43,000 |
| End of September 2024 | more than 852,000 | over 44,600 |
| End of December 2024 | more than 936,500 | almost 44,000 |
CBP’s figures imply that roughly 658,500 people scheduled appointments between October 2023 and December 2024 alone (936,500 − 278,000), most of the period the class definition covers. That measures program activity, not class size: not everyone who scheduled an appointment was paroled, and not every parolee received the April 2025 email.
How the case unfolded
Start of the parole window in the class definition.
End of the parole window.
CBP emails class members terminating their parole (“It is time for you to leave the United States” or similar).
Court vacates the termination emails and orders parole reinstated; the emails have no legal effect.
CBP restores parole periods in government databases and issues new parole termination notices.
Court orders DHS to remedy adverse consequences of the April 2025 emails.
USCIS publishes the fee-free reopening process for class members.
Last day USCIS accepts Forms I-290B mailed to an old filing address (the I-290B filing locations changed October 7, 2026).
How to file a Sileiri Doe request
For most benefit types: Form I-290B
The USCIS Form I-290B page sets out the steps. Use the checklist to work through them; it is not saved.
For asylum applications: a written request
Do not use Form I-290B for an asylum decision. According to the USCIS Form I-589 page, you mail a written request to the asylum office with jurisdiction over where you live now, explaining how the termination affected your asylum eligibility and why the office should reopen or reconsider. The same no-deadline, case-by-case rules apply.
Who is affected, and who is not?
Likely covered
A class member whose adjustment of status or other USCIS application was denied, rejected or referred to immigration court between April 1, 2025 and April 21, 2026 because of the termination.
Likely covered
A class member whose asylum application was closed or referred during that period after the termination email.
Not covered by this process
Parole-based work permits (C11), appeals, decisions by an immigration judge or the Board of Immigration Appeals, and decisions outside the date window.
Not changed by this order
The new parole termination notices CBP issued on April 21, 2026. USCIS says the September 28 order does not affect them.
If you are in immigration court
USCIS can only act on cases it has jurisdiction over. If you are in removal proceedings, the immigration judge generally must terminate or dismiss the proceedings before you ask USCIS to reopen an asylum application and, in some cases, an adjustment of status application. USCIS notes limited exceptions, including unaccompanied children for asylum and certain arriving aliens for adjustment. A request filed while USCIS lacks jurisdiction will be rejected or denied, so the order of steps matters. See our guide to adjustment of status for how jurisdiction works in green card cases.
Open questions
USCIS asks for “a copy of the email that you received from CBP indicating that you are a Sileiri Doe class member,” but its pages do not say what to submit if you no longer have it. The guidance also does not address how a reopened case interacts with the new April 21, 2026 termination notices. And because the court orders themselves were not available to us, this article relies on USCIS’s description of them. Further guidance may follow.
For background on other parole-based options, see humanitarian parole compared with the U visa and VAWA, and our overview of changes for pending asylum cases in 2026.
Frequently asked questions
Who is a Sileiri Doe class member?
According to USCIS, the class includes everyone who scheduled their entry appointment through the CBP One app, was paroled into the United States between May 16, 2023 and January 19, 2025, had that parole terminated in April 2025 by an email from CBP, and still remains in the United States. All four conditions must be met.
Is there a deadline to ask USCIS to reopen my case?
No. USCIS says there is no deadline for Sileiri Doe class members to request reopening or reconsideration under the court order. The request still must concern an adverse USCIS decision issued between April 1, 2025 and April 21, 2026 that you believe resulted from the April 2025 parole termination.
Do I have to pay a fee for a Sileiri Doe motion?
No, if the request fits the process: a motion to reopen or reconsider a qualifying adverse decision, filed as USCIS instructs. A request about a parole-based work permit sent without a fee will be rejected, and appeals are outside the fee-free process, so normal appeal fees and rules apply.
Does the order restore my parole?
Not by itself. The March 31, 2026 order required DHS to reinstate parole, and CBP restored class members’ parole periods on April 21, 2026, but CBP issued new parole termination notices the same day. USCIS says the September 28, 2026 order does not affect those new notices.
Can I use Form I-290B for an asylum application?
No. For asylum, USCIS asks class members to mail a written request to the asylum office with jurisdiction over their current residence. The request must explain how the April 2025 termination affected asylum eligibility and why the office should reopen or reconsider. Form I-290B is used for other benefit types.
What if I am in removal proceedings?
In most cases the immigration judge must first terminate or dismiss your proceedings before USCIS can reopen an asylum application, and sometimes an adjustment application. There are limited exceptions, such as unaccompanied children for asylum. If USCIS lacks jurisdiction when you file, it will reject or deny the request.
Was your case denied after the April 2025 email?
We can review the decision, the dates and your current status, and tell you whether a fee-free request makes sense and how to file it.
Start your free evaluationSources
- USCIS, “Litigation-Related Update: Sileiri Doe Class Members May Request Reopening or Reconsideration of an Adverse Decision Without a Fee,” Oct. 26, 2026
- USCIS, Form I-290B, Notice of Appeal or Motion: Information for Sileiri Doe Class Members (accessed Nov. 8, 2026)
- USCIS, Form I-589: Sileiri Doe Class Members (accessed Nov. 8, 2026)
- CBP, “CBP Releases December 2024 Monthly Update”
- CBP, “CBP Releases September 2024 Monthly Update”
- CBP, “CBP Releases September 2023 Monthly Update”
This article is for general information only and is not legal advice. Immigration law changes often and every case depends on its facts. Speak with a licensed immigration attorney about your situation. The description of court orders is based on USCIS guidance current as of November 8, 2026. Attorney Advertising.
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