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Court to Hear Child Status Protection Act Case

Mayorkas v. DeOsorio, No. 12-930 (cert. granted June 24, 2013)

The Supreme Court will hear oral argument on December 10, 2013 in the Child Status Protection Act (CSPA) case Mayorkas v. DeOsorio.  The Court will consider whom Congress intended to benefit by INA § 203(h)(3), a provision which allows beneficiaries of certain visa petitions to retain earlier priority dates after “aging-out” (turning 21) and losing child status.  The government sought Supreme Court review of an en banc decision of the Ninth Circuit holding that § 203(h)(3) applied to derivative beneficiaries of the Family 3d and 4th preference categories, as well as those in the Family 2A category.  DeOsorio v. Mayorkas, 695 F.3d 1003 (9th Cir. 2012).  In so holding, the Ninth Circuit rejected the Board of Immigration Appeals’ interpretation of § 203(h)(3) as applying only to derivative beneficiaries of the Family 2A preference category.  Matter of Wang, 25 I&N Dec. 28 (BIA 2009). 

The American Immigration Council is amicus in this case.  Read more about our CSPA litigation on our Child Status Protection Act website.