Did the government file for an appeal to supreme court?
I am the attorney for Deosorio. The Justice Department has until tomorrow at 5pm, Eastern Time to ask for Supreme Court review. I will report whether or not they do so on our website.
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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I do not believe so. I checked the De Osorio 9th Circuit decision came out on September 26, 2012 I recall. If the Office of Immigration Litigation OIL) wanted to challenge the case, they have to file a Writ of Certiorari with the U.S. Supremen Court or if not the entire 9th Circuit court opined on the decision, they can ask for a hearing en banc (the entire court) The Supreme Court does not have to accept their request for a review (Certiorari). I don't recall reading anything to that affect but perhaps others on this site now better. Attorney Carl Shusterman who is also on this site represented one of the plaintiff's in that case.
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