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 waiting for the 9th Circuit Court of Appeals to schedule oral arguments in the class action lawsuit seeking to overturn the decision of the Board of Immigration Appeals in Matter of Wang, I recently came across a decision of an Immigration Judge which distinguishes Matter of Wang and allows an “aged-out” son of permanent […]
