But that didn't change his LAWFUL status.  He didn't become illegal because he was subject to deportation.  Not everyone subject to deportation came here illegally or overstayed a visa.  This is one of them.  To be very clear, the US government changed the agreement while he was in prison - the agreement that Cubans with permanent residency would not actually be deported, even if they committed a crime.  So the danger of deportation was not a "thing" when he committed his crime. Normally, when we pass laws, we don't apply the change in law to people who committed crimes prior to the law going into effect. So one might question if the change in policy to go ahead and deport Cubans like everyone else should apply to someone whose transgression was prior to that change.  I'm not saying it should or shouldn't, but this is a different legal situation, and it would not surprise me if the judge ruled for him, nor if the judge rules against him.  There is logic either way.