DeOsorio Court Decisions – CSPA

In June 2008, we sued the USCIS and the State Department in Federal Court on behalf of our client Mr. DeOsorio to compel the government to follow the “automatic conversion” and “retention” clause of CSPA in order that aged-out children would be able to immigrate together with their families.

In 2009, the Federal District Court ruled in favor of the government in DeOsorio v. Mayorkas based the BIA’s decision in Matter of Wang . We appealed to the US Court of Appeals for the 9th Circuit. deosorio cspa

In 2011, a 3-judge panel of the 9th Circuit affirmed the District Court’s decision. However, we requested an en banc (11 judges) rehearing of DeOsorio and the Court granted our motion.

In 2012, Attorney Carl Shusterman argued the case before the Court. Attorney Nancy Miller did the rebuttal following the government’s argument. The en banc Court overturned the panel’s decision and ruled in favor of Mr. DeOsorio and others in a national class action victory for immigrant families.  



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In 2014, the Supreme Court of the United States, overturned the 9th Circuit’s decision in DeOsorio by a vote of 5 to 4. On July 3, 2014, we submitted a Motion for a Rehearing which was subsequently denied.   What follows are the decisions in of each Court in the DeOsorio case as well as the legal briefs and motions that were submitted at each stage of the proceedings.











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