Enable High Contrast Mode
Disable High Contrast Mode
Immigration Judge Terminates Removal Proceedings After DHS Fails to Meet Its Burden
This outcome demonstrates the importance of holding DHS to its burden of proof. An assertion that a petition was denied was not enough—DHS had to produce evidence of the denial. When it could not do so, we successfully ended our client’s removal case.
Her Story
Our client from Jamaica received her two-year conditional green card in May 2016.
After her marriage ended, she filed an I-751 waiver with a divorce decree through a previous attorney. USCIS later interviewed her in January 2024 related to her I-751 petition.
In November 2025, however, our client received a Notice to Appear, placing her in removal proceedings. Although DHS maintained that her original I-751 had been denied, the USCIS online case status continued to show the petition as pending.
How We Helped
Before her April 2026 master calendar hearing, our team filed a motion asking the Immigration Judge to terminate or administratively close the proceedings because there was no proof that the original I-751 had been denied. At the hearing, DHS asserted that the issuance of the Notice to Appear established that the I-751 has been denied. The judge denied our motion without prejudice and directed DHS to provide the actual denial notice.
To protect our client while the removal case remained pending, we also prepared and filed a new I-751 based on the extreme-hardship waiver.
At the in-person individual hearing on August 3, 2026, the Immigration Judge again asked DHS to produce proof that the first I-751 had been denied. The judge went off the record to give the DHS attorney additional time to locate the denial notice. Despite searching for it, the attorney could not produce any evidence that USCIS had denied the petition.
We immediately renewed our motion to terminate the proceedings, arguing that DHS had not met its burden of establishing our client’s removability.
The Outcome
The Immigration Judge agreed and granted our motion to terminate the removal proceedings without prejudice because DHS could not establish removability.
Our client is no longer in active removal proceedings and free to pursue a pathway to obtaining her 10-year green card through her pending I-751 waiver petition.
Contact McBean Law for Immigration Relief
McBean Law, PLLC is a New York immigration law firm and your trusted partner in navigating the complexities of immigration law in the United States. With a focus on personalized support and a proven track record of success, our experienced team of immigration attorneys is here to help you achieve your dreams of a brighter future in the United States.
Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific situation.
