LexisNexis® Legal Newsroom
115 Years of Solitude for Mexican Moms?

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. There is a per-country limit of 7%, or 1,841 per...

CA9, En Banc (6-5) on CSPA: De Osorio v. Mayorkas (Rejecting Matter of Wang)

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 in Matter of Wang, 25 I. & N. Dec. 28 (BIA 2009...

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...

Mehta & Isaacson: Hidden Silver Linings in Cuellar de Osorio?

"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 had done in Li v. Renaud, that a narrow reading...

USCIS Policy Memo on CSPA Case Holds

"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 on Handling Certain Family Based Automatic Conversion...

CA7 Asylum Remand: Wang v. Lynch

"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, qualifies as “other resistance.”...

CA9 on GMC, Fraud: Wang v. Rodriguez

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 (“USCIS”) denied her application...