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 […]
On June 9, 2014, the Supreme Court of the United States in Scialabba v. DeOsorio, in a 5-4 decision, reversed the decision of the U.S. Court of Appeals for the 9th Circuit, and ruled that the “automatic conversion” clause of the Child Status Protection Act (CSPA) does not provide benefits to most immigrant families. As […]
We expect the Supreme Court to issue a decision on our CSPA lawsuit, Mayorkas v. DeOsorio, very soon, possibly on June 2. While we lawyers argue over the meaning of terms like “retention”, “automatic conversion”, and “appropriate category”, the issue in this case can be summarized as follows: Are children who have stood in line for […]
On January 25, the US Department of Justice requested that the Supreme Court review our victory in DeOsorio v. Mayorkas in the U.S. Court of Appeals for the 9th Circuit. In this video, Attorney Carl Shusterman explains the basics of the Child Status Protection Act (CSPA) and what to expect as our nationwide class action lawsuit heads to the Supreme […]
On January 25, the U.S. Department of Justice submitted a 150-page Petition for a Writ of Certiorari to the Supreme Court requesting the Court to review our victory in DeOsorio v. Mayorkas in the U.S. Court of Appeals for the 9th Circuit. Since we originally challenged the government’s failure to implement the “automatic conversation” clause […]
What does this mean? Will my aged-out beneficiaries be able to keep their priority date?
On June 19, 2012, Attorney Nancy Miller and I argued in favor of the rights of a class of immigrant families before an 11-judge panel of the U.S. Court of Appeals for the 9th Circuit. The outcome of our CSPA class action lawsuit could favorably impact the lives of many thousands of families. Many immigrant […]
On September 8, the U.S. Court of Appeals for the 5th Circuit, in a unanimous decision, ruled that “contrary to the BIA’s interpretation in Matter of Wang, the benefits of 8 U.S.C. section 1153(h)(3) unambiguously apply to all petitions described in section 1153(h)(2)…” Thus, in the clearest and most persuasive Federal Court decision discussing CSPA’s […]
On September 2, 2011, the 9th Circuit Court of Appeals issued its long-awaited decision regarding the “automatic conversion” clause of the Child Status Protection Act (CSPA) in De Osorio v. Mayorkas. The Court upheld the decision of the District Court, which deferred to the decision of the Board of Immigration Appeals in Matter of Wang, […]
While we await the decisions of the 5th and the 9th Circuit Courts of Appeals in the “automatic conversion” cases, two other circuits have issued decisions on other sections of the Child Status Protection Act (CSPA) which reject the government’s restrictive interpretations. On July 19, the 11th Circuit Court of Appeals ruled for the government in […]
