The Obama administration has until tomorrow January 25, 2013 to file a petition for a writ of certiorari with the U.S. Supreme Court to seek review of the U.S. Court of Appeals for the 9th Circuit decision in Cuellar de Osorio v. Mayorkas, which provided a humane and reasonable interpretation of the Child Status Protection Act. If the government does not seek review in the Supreme Court, the decision of the 9th Circuit becomes law nationwide and thousands of people will be eligible to apply for adjustment of status using their old priority dates.
If the government does seek review, the case will remain on hold. However, a petition for a writ of certiorari does not mean that the Supreme Court will take the case. The Supreme Court does not take every case that comes before it and must agree to hear the case. If the Supreme Court declines to hear the case, then the 9th Circuit decision becomes law. If the Supreme Court takes the case, we will need to wait for a ruling from the Court before knowing the fate of the de Osorio class of potential applicants.
We have explained in multiple posts the reasons why the government should let the de Osorio decision stand and how this single act could improve the immigration system for thousands of American families. In the week of the President’s inauguration with its soaring hopes and promises, the President has an immediate opportunity to translate those words into policy and law. Let’s hope he takes it.