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Immigration Law

CA4, En Banc, 9-6, on SIJ: Perez Perez v. Cuccinelli

Perez Perez v. Cuccinelli, en banc, 9-6

"[W]e conclude that the Agency’s interpretation of the SIJ provision — that clause (i) requires a permanent custody order — is entitled to no deference, defies the plain statutory language, and impermissibly intrudes into issues of state domestic relations law. Consequently, we reverse the judgment and remand with instructions to grant Felipe’s motion to set aside the Agency’s final action denying him SIJ status. ... The dissent’s endeavor to demonize Felipe is wholly inappropriate, unfair, and dispiriting. ... There is no justification for the dissent’s dismal portrait of Felipe."

[Hats off to Bradley Bruce Banias!]