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Margaret W. Wong & Associates Wins Petition for Rehearing En Banc in the 7th Circuit

Tuesday, July 14, 2015, the Seventh Circuit Court of Appeals granted Margaret W. Wong & Associates Petition for Rehearing En Banc in Bouras v. Lynch. An En Banc Rehearing means that Scott Bratton, partner at Margaret W. Wong & Associates and lead attorney on the case, will be able to argue in front of all of the judges of the Seventh Circuit as opposed to a smaller panel of judges, which is the norm. While these petitions are very rarely granted, this is the second time that Mr. Bratton has been granted such a petition. The first was Cece v. Holder in 2013 which resulted in the Court overturning its prior decision and granting our client’s petition. At issue in Bouras v. Lynch is whether Mr. Bouras should have been granted a continuance to allow his ex-wife to testify in his removal proceedings where he was pursuing I-751 Petition to Remove Conditions on Residence. In order for his I-751 to be granted, Mr. Bouras needed to prove that his marriage was entered into in good faith and was bona fide from the beginning and his ex-wife’s testimony was therefore crucial to his case. However, due to unforeseen work obligations, she was unable to attend the hearing and the Immigration Judge denied Mr. Bouras’s I-751 without hearing his ex-wife’s testimony. Mr. Bratton believes the Immigration Judge should have allowed the continuance and that Mr. Bouras’ ex-wife’s testimony would have changed the result of the proceeding.

The Court has set a schedule for an additional briefing and Mr. Bratton anticipates oral argument later this year.