01/26/2013 03:36:54 PM EST
DOJ Petitions SC for Cert. on CSPA Circuit Split: Mayorkas v. De Osorio
"By a 6-5 margin, the en banc Ninth Circuit has held that Section 1153(h)(3) grants special priority status to all aged-out derivative beneficiaries, refusing to defer to the contrary interpretation of the Board of Immigration Appeals. That ruling misinterprets the provision’s text and misapplies Chevron—and, in doing so, deepens an existing conflict among the circuits. It also threatens serious disruption of the visa program by which relatives of U.S. citizens and lawful permanent residents immigrate to this country or adjust their status. This Court should grant review and correct the Ninth Circuit’s error." - Petition for Writ of Certiorari, Mayorkas v. De Osorio, Jan. 2013.