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.
As ideas for immigration reform take shape, there is one thing that the administration could do without lifting a finger that would help thousands of immigrants. This benefit would actually require the government to refrain from doing something. If the government decides not to appeal the decision of the U.S. Court of Appeals for the 9th Circuit in Cuellar de Osorio v. Mayorkas, the Court’s decision would stand and thousands of young immigrants would be able to apply to adjust their status after waiting years for that opportunity.
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.