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Press Release – BIA Reversed for Not Considering Hardship

Press Release

New York Law Firm Bretz & Coven Gets BIA Reversed for Failing to Consider Hardship to Family

Amanda E. Gray, New York City immigration lawyer of Bretz & Coven, won an appeal of the BIA’s reversal of the IJ’s grant of adjustment of status under INA § 245, and the case was remanded to the BIA to consider hardship to the petitioner’s family if he were deported

New York, NY, (October 4, 2011) 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U.S. Court of Appeals for the Second Circuit, Gonzales Bordonave v. Holder, Docket Number 10-4906, September 27, 2011 (unpublished).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 in removal and deportation proceedings.

"Individuals, families, and corporations turn to us when no one else will take the case," said Kerry William Bretz, a senior partner at Bretz & Coven. "The firm has a long and well documented history of taking on difficult challenges on behalf of immigrants in federal courts and changing, often for the better, the way immigration law is interpreted."

The firm’s staff speaks more than 20 languages and its attorneys are admitted to practice law in New York State, New Jersey, Connecticut, Florida, the federal district courts of those states, many U.S. Courts of Appeals throughout the country, and the U.S. Supreme Court.

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