The Sixth Circuit Court of Appeals held, in Ward v. Holder, 733 F.3d 601 (6th Cir. 2013) [PDF version], health that the government has the burden of proving an alien abandoned his or her LPR status by “clear, unequivocal, and convincing evidence, “ when the LPR has an otherwise valid LPR claim. This burden of proof requirement is based on the US Supreme Court decision in Woodby v. INS, 385 U.S. 276 (1966) [PDF version]. In Woodby v INS, the Supreme Court established the standard for deporting an LPR.
Another court decision by the Sixth Circuit Court of Appeals, Hana v. Gonzales, 400 F.3d 472 (6th Cir. 2005), ruled that the decision whether to rule a Legal Permanent Resident abandoned his/her claim must be decided based on the totality of the circumstances