The Supreme Court has granted the Government’s Petition for a Writ of Certiorari, agreeing to review the U.S. Court of Appeals for the Ninth Circuit’s decision in Mayorkas v. Cuellar de Osorio.
Update: USCIS Service Center Operations told the American Immigration Lawyers Association on August 14, 2013 that I-130s requesting assignment of an earlier priority date per Mayorkas v. Cuellar de Osorio have been placed on hold pending a Supreme Court decision.
In that case, the Ninth Circuit interpreted the Child Status Protection Act. The Act provides certain benefits to children who would otherwise have “aged out,” meaning disqualified from immigration as “children” by turning 21 years old while they were waiting to immigrate.
The Ninth Circuit held that under the Act a son or daughter who was the derivative beneficiary of a family-sponsored immigrant petition but “aged out” may nonetheless apply the old petition’s priority date to a new petition. For background, including an explanation of who is covered, see here.
On January 25, the U.S. Department of Justice filed a Petition for a Writ of Certiorari with the Supreme Court. Most recently, on June 24, the Supreme Court has voted to grant the Petition, so the case will be heard on appeal.
Pending the Supreme Court’s ruling, the Ninth Circuit’s decision is stayed–it’s implementation will be postponed.
With the President’s push for comprehensive immigration reform to put undocumented immigrants on a path to citizenship, it seems incongruous for the administration to be taking such a restrictive view of the Child Status Protection Act in this case.
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