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Fifth Circuit solidifies CSPA victory; denies govt. pet. reh. in Khalid v. Holder

January 25, 2012 (1 min read)

On Sept. 8, 2011, the Fifth Circuit, in Khalid v. Holder, 655 F.3d 363, stated: "We conclude that the plain language of the Child Status Protection Act (CSPA) is unambiguous and that the BIA's interpretation of the statute in Matter of Wang, 25 I. & N. Dec. 28 (BIA 2009), contravenes the plain language of the CSPA. We decline to follow Matter of Wang in this circuit; we GRANT the petition for review and remand to the BIA for further proceedings consistent with this opinion."

On Jan. 24, 2012, in an unpublished order, the Fifth Circuit DENIED the government's petition for rehearing.

Hats off again to Lawrence Erik Rushton and all who are working so hard on CSPA cases nationwide!

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