CA9 to rehear CSPA case en banc: Cuellar de Osorio v. Mayorkas

"KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion [ 656 F.3d 954 (2011 )] shall not be cited as precedent by or to any court of the Ninth Circuit." - Cuellar...

CA9, En Banc (6-5) on CSPA: De Osorio v. Mayorkas (Rejecting Matter of Wang)

Majority : "The United States Citizen and Immigration Services (“USCIS”) denied Appellants’ requests for priority date retention under the CSPA. USCIS relied on the Board of Immigration Appeals’ (“BIA”) decision in Matter of Wang, 25 I. & N. Dec. 28 (BIA 2009...

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...

Supreme Court May Help ‘Aged-Out’ Immigrant Kids

"Allana Rambharose was once handcuffed and deported to her native Guyana — even though she’d been living in New York since age 4 — and faces an uncertain future because she 'aged-out' of her family’s visa bid. A lawsuit now before the U.S. Supreme Court could change...

Supreme Court Decision on CSPA Coming Soon: Carl Shusterman

"We expect the Supreme Court to issue a decision on the nationwide class action lawsuit regarding CSPA, Mayorkas v. DeOsorio, very soon, possibly on May 10 or May 19. While we lawyers argue over the meaning of terms like “retention”, “automatic conversion” and “appropriate...