Looking back on what turned out to be a disappointing 2013 for the lack of progress on meaningful immigration reform and on the continuing pace of removals, we have tried to figure out what articles and stories most appealed to our readers. Turns out that our readers were not as interested in the minute-by-minute accounts of progress, but rather came to Lifted Lamp for information about developments in the law that had a real impact upon their lives.
Tomorrow, December 10, 2013, the Supreme Court will hear oral arguments in Mayorkas v. Cuellar de Osorio, reviewing the 9th circuit decision that reversed the Board of Immigration Appeals’ decision in Matter of Wang that rejected the applicability of the Child Status Protection Act (CSPA) to a large number of immigrants. If the Supreme Court upholds the decision of the 9th Circuit, many aged-out young adults will be immediately eligible to apply for residence.
Despite being on leave from Benach Collopy to study for the California bar, Prerna Lal continues to provide valuable insight on the status of the de Osorio case. De Osorio is the 9th Circuit case in which the court held that the Board of Immigration Appeals and the U.S. Citizenship & Immigration Service had interpreted the Child Status Protection Act wrongly in a way that excluded thousands of young people from the opportunity to obtain status with their families.
On the same day that the immigration world was abuzz with news that the President would unveil his immigration reform plan next week, the administration filed a brief to preserve the unnecessary family separation caused by its cramped understanding of the Child Status Protection Act reflected in the Board of Immigration Appeals decision in Matter of Wang. The juxtaposition of the prospect of common sense immigration reform with the wholly unnecessary appeal of the U.S.
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.
Great news out of the U.S. Court of Appeals for the 9th Circuit, which ruled today that a Board of Immigration Appeals interpretation of the Child Status Protection Act (CSPA), improperly excluded a large class of immigrants from being eligible for immediate residence. Rosalina Cuellar de Osorio challeged the BIA’s interpretation of the CSPA in Matter of Wang before the 9th Circuit. She initially lost before a three judge panel, but the court sitting en banc agreed to rehear the case.