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CA9 to rehear CSPA case en banc: Cuellar de Osorio v. Mayorkas

"KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion [ 656 F.3d 954 (2011 )] shall not be cited as precedent by or to any court of the Ninth Circuit." - Cuellar...

DOJ Petitions SC for Cert. on CSPA Circuit Split: Mayorkas v. De Osorio

"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 misinterprets the provision’s text and misapplies...