Maximov v. Gonzales, (2nd Cir 2003)

Alexander Joseph Segal

Case Conclusion Date:June 15, 2013

Practice Area:Immigration

Outcome:Remanded to the BIA and eventually to the Immigration Judge. Full reversal of the original DHS's position.

Description:The case revisited Child Status Protection Act (CSPA) and the extended definition of a child, it presented. The case addressed the contention by the DHS that an individual who was originally included in the parents asylum application as a child as thus qualified for an extended definition of a child under the CSPA, lost such protection once he was married and did not regain it once he was divorced. The DHS contended that the protection could not be regained after the divorce even if both the marriage and the divorce happened prior to the individual parents' being granted asylum. American Immigration Law Foundation filed an amicus brief in this case. See ALIF's annual report for 2005, page 9. http://www.ailf.org/about/annual_report2005.pdf