Monday, June 9, 2014

Supreme Court rejects family unification in CSPA

Mayorkas v. DeOsorio, No. 12-930 (cert. granted June 24, 2013) The Supreme Court struck down this case ) case Mayorkas v. DeOsorio. The Court will consider whom Congress intended to benefit by INA § 203(h)(3), a provision which allows beneficiaries of certain visa petitions to retain earlier priority dates after “aging-out” (turning 21) and losing child status. The government sought Supreme Court review of an en banc decision of the Ninth Circuit holding that § 203(h)(3) applied to derivative beneficiaries of the Family 3d and 4th preference categories, as well as those in the Family 2A category. DeOsorio v. Mayorkas, 695 F.3d 1003 (9th Cir. 2012). In so holding, the Ninth Circuit rejected the Board of Immigration Appeals’ interpretation of § 203(h)(3) as applying only to derivative beneficiaries of the Family 2A preference category. Matter of Wang, 25 I&N Dec. 28 (BIA 2009). Here is the opinoin written by Justice Kagan

1 comment:

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