Immigration Law

Recent Posts

CA9 on GMC, Fraud: Wang v. Rodriguez
Posted on 29 Jul 2016 by Daniel M. Kowalski

Wang v. Rodriguez, July 27, 2016 - "Lifeng Wang, a lawful permanent resident, was convicted of one count of trafficking in counterfeit goods in violation of 18 U.S.C. § 2320(a). Based on that conviction, U.S. Citizenship and Immigration Services... Read More

115 Years of Solitude for Mexican Moms?
Posted on 14 May 2012 by Daniel M. Kowalski

Carl Shusterman asks, "Does CSPA stand for Child Status Prevention Act?" - " Charles [Wheeler] correctly states that the number of persons who may immigrate to the U.S. under the family-based 2B category is limited to 26,266 annually... 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

CA7 Asylum Remand: Wang v. Lynch
Posted on 27 Oct 2015 by Daniel M. Kowalski

"On remand the Board must assess two matters in the first instance. ... First it must decide whether Wang’s attempted interference with the family-planning officials, when they came to his house threatening to implement population-control measures... 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

DOJ Petitions SC for Cert. on CSPA Circuit Split: Mayorkas v. De Osorio
Posted on 26 Jan 2013 by Daniel M. Kowalski

"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... Read More

CA9, En Banc (6-5) on CSPA: De Osorio v. Mayorkas (Rejecting Matter of Wang)
Posted on 26 Sep 2012 by Daniel M. Kowalski

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... Read More

Tags: cspa , osorio , wang