Supreme Court Brief in Mayorkas v. Cuellar de Osorio (CSPA)

"Respondents are law-abiding noncitizens who sought, through their U.S. citizen relatives, to immigrate to this country with their minor children, as the law permits. They waited patiently for years, in some cases decades, for visas to become available, and in that time their sons and daughters...

Supreme Court Grants Cert. in CSPA Case: Mayorkas v. Cuellar de Osorio

The order list granting ten cases for nine arguments, including on the issues of recess appointments and abortion protests, is here. Issue: (1) Whether Section 1153(h)(3) of the Immigration and Nationality Act– which provides rules for determining whether particular aliens qualify as “children”...

High Court to Review Immigration Dispute

"The Supreme Court on Monday waded into a complicated dispute over a law aimed at keeping immigrant families together in a case that underscores the occasionally tense relationship between immigration proponents and the Obama administration as Congress debates immigration reform. The justices said...

USCIS Policy Memo: CSPA Priority Date Retention Guidance

USCIS, Nov. 21, 2013 : Guidance to USCIS Offices on Handling Certain Family-Based Automatic Conversion and Priority Date Retention Requests Pending a Supreme Court Ruling on Mayorkas v. Cuellar de Osorio

Nancy Morawetz Unpacks the CSPA Memo

"After more than a decade of silence, the government has issued policy guidance on the Child Status Protection Act, 8 U.S.C. 1153(h)(3) (CSPA). The guidance addresses the very provision the Supreme Court will be addressing in Mayorkas v Cuellar de Osorio , scheduled for argument on December 10....

Current and Former Members of Congress to Supremes: The CSPA Means What We Said!

"Amici curiae are a bipartisan coalition of Members of Congress who were serving in 2002, when the Child Status Protection Act (CSPA) was passed. The Members care deeply about the preservation of family unity among immigrant families and the fairness of our country’s immigration procedures...

Transcript of Supreme Court Oral Argument, Mayorkas v. Cuellar de Osorio

Transcript Case file with links to briefs and argument preview

Prerna Lal Reports from the Supreme Court on Mayorkas v. Cuellar de Osorio

"A major storm was supposed to take over the District of Columbia today. While the federal and District government closed down in anticipation of bad weather, I trudged along to the U.S. Supreme Court to hear oral arguments in Mayorkas v. de Osorio , an issue that has defined most of my existence...

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...

High Court Splits 5-4 on CSPA: Scialabba v. Cuellar de Osorio

KAGAN, J., announced the judgment of the Court and delivered an opinion, in which KENNEDY and GINSBURG, JJ., joined. ROBERTS, C. J., filed an opinion concurring in the judgment, in which SCALIA, J., joined. ALITO, J., filed a dissenting opinion. SOTOMAYOR, J., filed a dissenting opinion, in which BREYER...

Supreme Court Visa Decision Throws Many to 'Back of the Line'

"A divided Supreme Court ruled Monday that most immigrant children who have become adults during their parents’ years-long wait to become legal permanent residents of the United States should go to the back of the line in their own wait for visas. In a 5-4 decision , the justices sided...