Apparently the pilot never declared an emergency (perhaps he didn't know the severity of the problems), had contacted the higher ups at his airline and determined that the best course of action was to return to Cuba, rather than at the closer Ft. Lauderdale or Miami airports.
The Canadian press however, has said that the US refused to allow the plane to land in the US because of the embargo.
That's patently bogus. Had the plane declared an emergency, the plane could have landed at any airport within its flight radius. That's based on FAA rules.
The plot grows thicker.
UPDATE 9:31AM:
This discussion board has photos of the missing rudder. Not a minor problem from the looks of it. The whole rudder assembly has shorn away from its attachment points.
Also, to be clear, there is absolutely no evidence that the US denied the plane landing rights. The pilot decided to return to Cuba where the company had a maintenance facility, rather than land in the US at either Ft. Lauderdale or Miami, which is where ATC had suggested because Ft. Lauderdale's customs wasn't available.
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