Mr Samuel Encarnacion

Occupation:

Country Conditions Expert on Cuba and the Caribbean - Immigration Law Specialist

Summary

Immigration law specialist and legal professional with more than five years of experience supporting United States immigration law firms and judicial offices, with a record of managing over 700 immigration cases across asylum, VAWA, SIJS, DACA, EOIR proceedings, family-based petitions and post-conviction relief. Holds a Specialisation in Constitutional Justice, Interpretation and Protection of Fundamental Rights from the Universidad de Castilla-La Mancha (UCLM) in Spain and a Bachelor of Laws from the Universidad del Caribe (UNICARIBE) in the Dominican Republic. Coordinated a judge's chambers at the Electoral Superior Court of the Dominican Republic, supervising nine attorneys across electoral, family and civil registry cases. Works in English and Spanish. Instructed by legal practitioners to prepare country-context analysis for asylum and international protection proceedings.

Countries of Expertise

Cuba and the Dominican Republic as the core, with coverage of Honduras, El Salvador, Guatemala and Belize.

Details of Country Expertise

Country conditions analysis of Cuba informed by professional work with Cuban asylum seekers in United States immigration proceedings, familiarity with the Cuban Adjustment Act framework and sustained monitoring of political and human rights developments. The analysis covers the legal and institutional framework of the Cuban state, the mechanisms through which the Communist Party of Cuba exercises control over political life, media, civil society and the economy, and what that control means in practice for anyone who expresses dissent or is treated as an opponent.

A central area is the criminalisation of political dissent and prosecution under broadly worded provisions of Cuban law, including social dangerousness, enemy propaganda, contempt for the state and resistance. The work addresses the treatment of people detained after the July 2021 protests, who faced mass trials and long prison sentences, and the continuing pattern of arbitrary arrest, short-term detention and harassment directed at activists, independent journalists, members of civil society organisations and the relatives of perceived opponents. A further area is the position of Cuban nationals who took part in diaspora political activity or engaged with international human rights bodies and face heightened scrutiny on return.

The analysis also covers religious minorities, including members of unregistered Protestant churches and Jehovah's Witnesses who face documented harassment and restrictions on practice; the treatment of LGBT people, where formal legal protection is limited and social exposure remains significant; and independent journalists and bloggers prosecuted for reporting on conditions in Cuba. Sources include Human Rights Watch, Amnesty International, the Cuban Commission for Human Rights and National Reconciliation, and independent Cuban media working in exile.

Dominican Republic. Direct knowledge of the courts and the civil registry from four years coordinating a judge's chambers at the Electoral Superior Court, covering electoral, family and civil registry matters, including questions of documentation and civil status that arise in protection claims.

Honduras, El Salvador, Guatemala and Belize. Coverage drawn from United States asylum and removal practice, where case preparation required country-conditions evidence on gang violence, state protection and internal relocation in the northern Central American states.

Experience

Country conditions research and immigration law expert, Cuba, The Human Rights Experts. Instructed by legal practitioners to prepare country-context analysis for asylum and international protection proceedings.

Independent Immigration Consultant, remote, 2024 to present. Over 75 family-based petitions, more than 50 naturalisation cases, over 100 non-immigrant visa applications and extension of stay requests, with full case preparation, client counselling and filing support.

Post-Conviction Declaration Specialist, Andres Ortiz Immigration Law, California, remote, 2023 to 2024. Declarations and case strategy for post-conviction relief petitions, supporting over 30 clients with criminal history seeking to reduce immigration consequences.

Immigration Paralegal, Brian D'Oneill, Immigration Attorney at Law, remote, 2022 to 2024. Legal research, fact investigation and drafting of filings, affidavits and declarations. Over 100 family-based petitions, more than 75 asylum cases, 50 VAWA, 50 DACA, 50 SIJS and 30 EOIR 42A and 42B cases. Forms I-130, I-131, I-485, I-765, I-864, N-400, I-90, I-589 and EOIR 42A and 42B.

Executive Coordinator, judge's chambers, Electoral Superior Court of the Dominican Republic, 2021 to 2025. Coordinated nine attorneys in electoral, family and civil registry cases, supervised legal analysis, evidence review and the drafting of case reports for judicial decisions.

Immigration Specialist, Bilbao Law, Florida, remote, 2020 to 2021. More than 50 asylum claims, 30 VAWA cases, 100 family petitions, over 100 responses to requests for evidence, 200 translations and 50 live consultations.

Education

Specialisation in Constitutional Justice, Interpretation and Protection of Fundamental Rights, Universidad de Castilla-La Mancha (UCLM), Spain. Bachelor of Laws, Universidad del Caribe (UNICARIBE), Dominican Republic.

Languages

Spanish (native), English (fluent).