A Cuban national convicted of hijacking a commuter plane to Florida in 2003 has been ordered released from Immigration and Customs Enforcement (ICE) custody, despite a standing removal order.
Maikel Guerra Morales was sentenced to 22 years for aircraft piracy after he and others assaulted a flight crew and forced a Cuban commuter plane to fly to Key West, Florida. He was arrested upon landing in 2003.
Morales completed his prison sentence in 2025 and was transferred to ICE custody, which was followed by a federal immigration judge issuing a removal order in 2023. However, U.S. District Judge John Steele, who was appointed by President Clinton, ruled that Morales must be released.
Steele cited the Supreme Court ruling in Zadvydas v. Davis, which addresses the detention of foreign nationals for whom repatriation is not reasonably foreseeable. The judge found no evidence that Morales would be removed in the foreseeable future and therefore determined he was entitled to release, though he remains subject to supervision terms.
A Department of Homeland Security (DHS) official criticized the ruling, calling it an example of an "activist judge" attempting to block the removal of criminal noncitizens. The official stated that DHS would continue to advocate for the detention and removal of such individuals.
According to an Associated Press report from 2003, Cuban officials demanded the return of the plane and its occupants, including those charged with piracy. Morales and the other hijackers claimed they were seeking "freedom."
