Petition for review of an order denying adjustment of status is granted where the Board of Immigration Appeals violated plaintiff’s statutory right to a reasonable opportunity to present her evidence of eligibility for adjustment of status by refusing to either remand the case to allow the IJ to consider her additional evidence or rule on the merits of her proposed alternative theory of adjustment eligibility as a matter of law.
Read Figueras v. Holder, No. 08-3367
Appellate InformationPetition for Review of an Order of the Board of Immigration Appeals.Argued February 26, 2009Decided: July 27, 2009
JudgesBefore BAUER, KANNE, and SYKES, Circuit Judges.Opinion by SYKES, Circuit Judge.
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