A United States immigration judge has officially terminated deportation proceedings against Guyanese social media activist Melissa Atwell-Holder, effectively ending the immediate threat of her removal from the country following her detention by U.S. Immigration and Customs Enforcement.
The ruling was delivered by Barbara Nelson after a review of Atwell-Holder’s immigration status. The court determined that her marriage to a U.S. citizen, along with her pending residency applications, outweighed the initial basis for her detention, which stemmed from a visa overstay.
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Atwell-Holder, widely known as “Melly Mel,” told Kaieteur News that she believes her arrest was politically motivated and intended to silence her investigative activism. “There was no case to begin with,” she said. “Had there been no governmental interference, there would have been no need for any judicial review.”
She further alleged that a lobbying firm was engaged, using Guyanese public funds to target her. “That money should have been used to improve healthcare and services for vulnerable citizens,” she added, claiming that her case reflected broader governance concerns.
The case had drawn significant public attention in Guyana, including a protest in Georgetown, where supporters and opposition figures alleged that the Guyanese government influenced U.S. authorities to initiate her arrest. However, Mohabir Anil Nandlall has consistently rejected those claims as “entirely unfounded.”
With the proceedings now dismissed, Atwell-Holder is free to continue her adjustment of status process in New York, removing the immediate risk of deportation.
Legal Basis for Dismissal
During earlier hearings, her attorney, Joyce Booth, successfully argued that Atwell-Holder had complied with U.S. immigration procedures. Evidence presented showed she holds an approved I-130 Petition for Alien Relative and a pending I-485 Application to Register Permanent Residence, key steps toward obtaining lawful permanent residency (a green card).
Atwell-Holder, who entered the United States in 2022, has been married to U.S. citizen Paul Holder for two years. Her attorney noted that her I-485 application has been pending since September 2023, following a completed immigration interview.
In an earlier hearing before Francis Mwangi, the court questioned why deportation proceedings were initiated despite her eligibility for adjustment of status. Booth told the court that her client’s detention came unexpectedly when ICE officers arrived at her residence in Brooklyn.
A representative from the U.S. Department of Homeland Security confirmed that the case was based solely on a visa overstay and that Atwell-Holder faced no criminal charges. The court also heard that she has no criminal history, is not a national security risk, and is unlikely to flee.
Detention and Release
Atwell-Holder was detained for more than two weeks before being granted bail set at US$7,500. Her legal team argued that her detention was unjustified, given her clean record and ongoing legal immigration process. DHS did not oppose her release, leaving the decision to the court.
Broader Implications
The termination of the case underscores the legal protections available to individuals pursuing lawful residency in the United States, particularly those married to U.S. citizens. It also raises questions about immigration enforcement priorities and the handling of cases involving individuals with pending legal status adjustments.
For Atwell-Holder, the decision marks both a legal victory and a continuation of her activism. She maintains that her experience highlights the need for accountability, both in immigration enforcement and in the political systems she has publicly challenged.
