Immigration Law

Recent Posts

David Froman on Scialabba v. Cuellar de Osorio
Posted on 25 Jun 2014 by Daniel M. Kowalski

"David Froman proposes another approach to that used by the Supreme Court in Scialabba v. Cuellar de Osorio, a decision interpreting the Child Status Protection Act restrictively. Mr. Froman offers a "single-petition" approach in place... Read More

Supreme Court Visa Decision Throws Many to 'Back of the Line'
Posted on 10 Jun 2014 by Daniel M. Kowalski

"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... Read More

How the Supreme Court Got Cuellar de Osorio Wrong: Laura Murray-Tjan
Posted on 26 Jun 2014 by Daniel M. Kowalski

" Back in February, I wrote about the complexity of immigration law, and described how a federal court conflated immigration provisions in an important case . Now it turns out that immigration law stumps even the Supreme Court. The Court's recent... Read More

High Court Splits 5-4 on CSPA: Scialabba v. Cuellar de Osorio
Posted on 9 Jun 2014 by Daniel M. Kowalski

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... Read More

Nancy Morawetz Unpacks the CSPA Memo
Posted on 23 Nov 2013 by Daniel M. Kowalski

"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... Read More

USCIS Policy Memo on CSPA Case Holds
Posted on 2 Jul 2015 by Daniel M. Kowalski

"This policy memorandum (PM) rescinds a case hold issued on November 21, 2013, for certain Child Status Protection Act (CSPA) cases impacted by the Scialabba v. Cuellar de Osorio litigation as described in PM-602-0094, “Guidance to USCIS Offices... Read More

Prerna Lal Reports from the Supreme Court on Mayorkas v. Cuellar de Osorio
Posted on 11 Dec 2013 by Daniel M. Kowalski

"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... Read More

Petition for Rehearing Filed in Cuellar de Osorio: Decision Based on Mistake
Posted on 6 Jul 2014 by Daniel M. Kowalski

"The plurality’s decision in this case was based on a mistake that cuts to the heart of its analysis. The plurality acknowledged that if an aged-out child could retain his original priority date without automatic conversion then the BIA... Read More

Oral Argument Recapitulation: Mayorkas v. Cuellar de Osorio
Posted on 12 Dec 2013 by Daniel M. Kowalski

"[T]he Court heard oral arguments in Mayorkas v. Cuellar de Osorio , a case raising a technical issue of statutory construction of the complex U.S. immigration laws. The specific question presented by the case is whether a provision of the Immigration... Read More

Mehta & Isaacson: Hidden Silver Linings in Cuellar de Osorio?
Posted on 10 Jun 2014 by Daniel M. Kowalski

"Cuellar de Osorio does contain some seeds of hope for better outcomes in the future. ... [A] majority of the Court agrees that the meaning of §1153(h)(3) is an ambiguity subject to Chevron deference, rather than suggesting, as the Second Circuit... Read More

Current and Former Members of Congress to Supremes: The CSPA Means What We Said!
Posted on 25 Nov 2013 by Daniel M. Kowalski

"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... Read More

USCIS Policy Memo: CSPA Priority Date Retention Guidance
Posted on 22 Nov 2013 by Daniel M. Kowalski

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 Read More

Supreme Court Brief in Mayorkas v. Cuellar de Osorio (CSPA)
Posted on 28 May 2013 by Daniel M. Kowalski

"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... Read More

Supreme Court Grants Cert. in CSPA Case: Mayorkas v. Cuellar de Osorio
Posted on 24 Jun 2013 by Daniel M. Kowalski

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... Read More