New York, NY (PRWEB) October 04, 2011
New York immigration law firm of Bretz & Coven, LLPs 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U.S. Court of Appeals for the Second Circuit, Gonzales Bordonave v. Holder, Docket Number 10-4906, September 27, 2011 (unpublished).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 judges 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