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Any Update on De Osorio CSPA case? Has Justice Department requested Supreme Court for review on ninth circuit decision ?

Dallas, TX |

Today as of 25 Jan 2013 is last day for government to appeal De Osorio CSPA case. Has Justice Department requested Supreme Court for review on ninth circuit decision or not?

If it goes through and become law...Is it for all states in USA or just limit to ninth circuit area only......

Please give some general idea for the next steps....

I am not sure if it happens, how much have to wait before can start filing I -485 for AOS?

Is any other way government can hold the decision or USCIS can deny ?

Thank you all in advance...

Attorney Answers 4


  1. Yes, today is January 25. But the government has all day to file. Thus, nothing will be known until AFTER today.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. Talk to attorney Carl Shusterman.

    (626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client relationship is established. Attorney Huang is licensed in MD; practice limited to federal law.


  3. The government has until 5pm, ET to file with the Supreme Court. You can check the Supreme Court docket from our web site.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. The link to the Supreme Court's docket sheet on this case is attached. Check it for the next week or two to see if a petition for a writ of certiorari has been filed by the government.

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