Time to Decide in de Osorio

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.

5 thoughts on “Time to Decide in de Osorio

  1. They should just let it go. I am checking the web all the time like a crazy person fearing to see the bad news. It will be ridiculous if they apply now only giving thousands of families hopes only to crush it down at the last minute. I have been following this since 2008 and the idea of waiting again while supreme court decides whether to hear the case or if they do hear then another wait for decision is unbearable.

  2. I really need this to become law. Now this is 26 and seems no referral to superm court. May I wish that this is law? When and how can I aplly for new priority date? When can I go to embassy?

      3. The intent of this legislation (CSPA) is to preserve
      child status for certain alien children beneficiaries who
      age-out, and particularly with respect to section 3, age-
      out because of delays in processing. Age-out benefits are
      extended to applicants who should be processed as Immediate
      Relative children (IR-2, IR-3, IR-4) (note that although
      IR-3s and IR-4s are technically covered by the new law,
      application in those cases would appear to be very rare)
      and applicants who should be processed as Second Preference
      children (F2-A), but who attain the age of 21 before their
      cases are finalized, as well as derivative beneficiary
      children in all preference categories and DV cases.

      Truly the 9th circuit court of appeals ruling is just according from the above statement being ruled by the congress. It will enlighten the meaning of “priority date retention” under section 3 of the CSPA law to include derivatives applicants such as F3 and F4 that in case of aged-out will automatically assigned to the appropriate category and will may use and retain their original priority date issued to their under this category. Clearly they will not loosed their chance to immigrate because simply they had aged-out.

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