What happens when a young mother faces the threat of deportation before she even had a chance to tell her story to the immigration judge?
Our client, a 20-year-old woman from Jamaica, entered the United States at the U.S.-Mexico border in California in 2022, seeking asylum after fleeing her home country in fear for her life. Upon arrival, she was detained by ICE and held in DHS custody before later being released.
Her journey through the immigration system was far from easy. Because of her entry, she was immediately placed in Immigration Court. She hired an attorney who filed a barebones asylum application for her with the court. However, she was dissatisfied with the service she was receiving and didn’t feel confident about her lawyer’s strategy with her case.
Building Her Case and Protecting Her Rights
When she came to McBean Law in September 2025, her removal case was on its final leg: the Individual hearing. In fact, her hearing was fast approaching in November 2025. However, she did not retain us until the following month.
Because she had only recently retained counsel and was recovering from the birth of her first child, our firm filed a motion to continue her upcoming individual hearing. We were thrilled when the court granted our motion to give us and our client more time to properly prepare her asylum case. After this victory, the DHS/ICE attorney filed a motion to stop our client’s case and request that the judge deny the case without a final hearing! DHS/ICE was actually trying to deny our client her opportunity to present her claim in full.
Understanding the “Pretermission” Policy
Recently, immigration judges have been given the power to “pretermit” asylum applications—meaning they can deny a case without a hearing if they believe the paperwork isn’t “legally sufficient.” In other words, a judge can reject an asylum seeker’s application if they think the answers on the form aren’t detailed enough or if supporting documents are missing.
In our client’s case, DHS/ICE tried to use this policy to have her application dismissed. But we successfully argued against it! The Immigration Judge agreed that our client’s asylum claim deserved a full hearing.
Hire an Experienced Immigration Lawyer!
Immigration law can be confusing and overwhelming, especially for people who are new to the process. When our client came to us, the government was trying to stop her asylum case before she could even share her story.
Having an experienced New York immigration lawyer made all the difference. We understood how to challenge unfair practices and ensure that she received a real chance to seek protection. Without solid legal help, she could have lost her opportunity to present her case entirely.
The Result
As a result of our advocacy, the Court postponed her individual hearing to February 2026, granting her the valuable time needed to fully prepare her case. Most importantly, she can present her asylum claim in court—a critical step toward safety and stability in the United States for herself and her newborn child.
At McBean Law, we are dedicated to protecting the rights of asylum seekers and ensuring that every client’s voice is heard. While every case is unique and results cannot be guaranteed, our focus remains on giving each client the strongest possible representation and path forward.
If you or someone you love is facing removal proceedings or seeking asylum in the United States, New York immigration lawyers at McBean Law can help. Call us at (914) 898-9488 to schedule a private consultation.
P.S. Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific case.
