CSPA retention of priority date still have to wait

CSPA finally appeal to Supreme Court!! another long waiting ! Just don't get it why they insist to seperate legal family again and again ? Thank you attorney Carl Shusterman for always keep us the latest info by visit your website !

Dallas, TX -

Attorney Answers (1)

Haroen Calehr

Haroen Calehr

Immigration Attorney - Houston, TX
Answered

The OIL and their attorneys, some of whom harbor desires to become members of the Board of Immigration Appeals or Immigration Judges (a promotion) will besides trying to keep legal consistency (no split among the circuit courts) also use these high profile cases to their advantage. In addition, the two most pronounced cases on this matter are the 9th Circuit case (the 9th Circuit is viewed by most government immigration practitioners as a unsound, liberal leaning, nonsensical court with bad decisions); The other Court, the 5th Circuit which usually comes out with mostly pro government decisions or simply unsound decisions (once in a while they get it right like in the CSPA case) has also been overturned quite often by the US Supremes. Thats why the government probably decided to apply for a writ of certiorari to the US Supreme Court. BUT, this is only an application and can be denied ALTHOUGH one of the tradionally most surest ways to getting the Supremes to accept a case is if there is a split among the circuit courts underneath them since they want clarity, conformity and consistency in the implementation of federal laws as important and wide ranging as immigration. I just think its in poor taste for the government (OIL) to wait until the 11th hour to file the Writ but I would not expected anything less from them. Sorry you have to keep waiting. The government attorneys by en large don't care about the suffering, hardhsip and break up of families and simply say oh we didn't write the laws, Congress did, we simply enforce the laws and try to find uniformity.

Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.