New York immigration law firm of Bretz & Coven, LLP’s associate attorney Amanda E. Gray won a case in the U.S. Court of Appeals for the Second Circuit, Gonzales Bordonave v. Holder, Docket Number 10-4906, September 27, 2011 (unpublished).
The Court held that the Board of Immigration Appeals (BIA) erred when it overturned the immigration judge’s grant of adjustment of status allowing Harold Gonzales to stay in the United States because it failed to consider hardship to his family if he were deported. The ruling further said that this is a factor that the immigration judge had considered and which the BIA is required to consider in adjustment of status cases.
The petitioner, with one conviction, misdemeanor sexual misconduct for which he was not sentenced to any period of incarceration, was eligible for adjustment under INA § 245(a) without a waiver.
“The decision is notable not only because the Court found it had jurisdiction to consider a discretionary decision by the BIA, but it also confirms that the BIA must follow its own precedent and use the correct standard of review, even in cases involving sex-related crimes,” said New York
immigration attorney Amanda Gray.
Kerry Bretz, a senior partner at Bretz & Coven, LLP, said, “This has been a banner year for our firm in the federal circuit courts of appeals. This victory in the Second Circuit is our fourth such success in 2011 involving varying immigration matters at three different U.S. Courts of Appeals.”
New York immigration lawyers Kerry Bretz and Amanda Gray are listed on superlawyers.com. Kerry Bretz was selected to New York Super Lawyers 2011 – Metro Edition. Amanda Gray was selected to New York Rising Stars 2011 – Metro Edition.
About Bretz & Coven, LLP
Bretz & Coven, LLP is a full-service immigration law firm in New York City that is AV(R) Preeminent(TM) Peer Review Rated by Martindale-Hubbell(R). The firm's attorneys serve immigrants who seek the privileges and benefits of U.S. visitation and lawful permanent residence. The firm also defends immigrants who are in removal and deportation proceedings.
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