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

June 24, 2013 (1 min read)

Issue: (1) Whether Section 1153(h)(3) of the Immigration and Nationality Act– which provides rules for determining whether particular aliens qualify as “children” so that they can obtain visas or adjustments of their immigration status as derivative beneficiaries of sponsored family member immigrants (also known as “primary beneficiaries”) – unambiguously grants relief to all aliens who qualify as “child” derivative beneficiaries at the time a visa petition is filed but age out of qualification by the time the visa becomes available to the primary beneficiary; and (2) whether the Board of Immigration Appeals reasonably interpreted Section 1153(h)(3).

Docket No.Op. Below

12-930 9th Cir.

DateProceedings and Orders
Dec 13 2012 Application (12A612) to extend the time to file a petition for a writ of certiorari from December 25, 2012 to January 25, 2013, submitted to Justice Kennedy.
Dec 18 2012 Application (12A612) granted by Justice Kennedy extending the time to file until January 25, 2013.
Jan 25 2013 Petition for a writ of certiorari filed. (Response due February 25, 2013)
Feb 22 2013 Order extending time to file response to petition to and including May 3, 2013.
May 3 2013 Order further extending time to file response to petition to and including May 24, 2013.
May 24 2013 Brief of respondents Rosalina Cuellar de Osorio, et al. in opposition filed.
Jun 4 2013 DISTRIBUTED for Conference of June 20, 2013.
Jun 6 2013

Reply of petitioner Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al. filed. (Distributed).