Batrez Gradiz v. Gonzales

McCONNELL, Circuit Judge.

Victor Hugo Batrez Gradiz, a citizen of Honduras, has been living in the United States illegally since 2003. Mr. Batrez Gradiz has a wife and a child who are American citizens. On June 22, 2005, Mr. Batrez Gradiz’s wife filed an 1-130 petition, which, if approved, would allow Mr. Batrez Gradiz to obtain legal residency.

Only one thing stood in the way of Mr. Batrez Gradiz’s obtaining legal residency: a recent brush with the law. Three months earlier, on March 16, 2005, Petitioner had pleaded guilty to a drug charge in Wyoming state court. At the time the 1-130 petition…