"By a 6-5 margin, the en banc Ninth Circuit has held that Section 1153(h)(3) grants special priority status to all aged-out derivative beneficiaries, refusing to defer to the contrary interpretation of the Board of Immigration Appeals. That ruling misinterprets...
" Over four years after our law firm sued the USCIS and the State Department in DeOsorio v. Mayorkas to preserve the “automatic conversion” clause in the Child Status Protection Act (CSPA) , on September 26, 2012, an en banc (11 judges) panel of the...
Majority : "The United States Citizen and Immigration Services (“USCIS”) denied Appellants’ requests for priority date retention under the CSPA. USCIS relied on the Board of Immigration Appeals’ (“BIA”) decision in Matter of Wang, 25 I. & N. Dec. 28 (BIA...
" In Matter of O. Vasquez , 25 I&N Dec. 817 (BIA 2012), the first precedential decision on this issue, the Board of Immigration Appeals has clarified the “sought to acquire” provision under the Child Status Protection Act (CSPA). The CSPA artificially...
Carl Shusterman asks, "Does CSPA stand for Child Status Prevention Act?" - " Charles [Wheeler] correctly states that the number of persons who may immigrate to the U.S. under the family-based 2B category is limited to 26,266 annually. There...
Matter of A-Y-M-, ID 3750, 25 I&N Dec. 791 (BIA 2012) - Following the enactment of the Child Status Protection Act, Pub. L. No. 107-208, 116 Stat. 927 (2002), an unmarried alien seeking derivative asylum status based on the approval of his or her parent’s application...
"KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion [ 656 F.3d 954 (2011 )] shall not be cited as precedent by or to any...
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. &...
Cyrus D. Mehta writes : "Our recent success, which we report here for the benefit of others, was regarding the interpretation of “sought to acquire the status of permanent residency” within one year of visa availability. At issue is whether the payment...
"Given the retrogression in the employment-based categories, it is very important that parents of sons and daughters who turned 21 years of age before they obtain permanent residence, and their immigration attorneys, fully understand how the Child Status...
"One of the more confounding – and now disappointing – aspects of the Child Status Protection Act (CSPA) has been whether it offers children protection from any unintended adverse affects when their parents naturalize. After all, a special section was...