Skip to main content

De Osorio Child Status Protection Act

Toledo, OH |

Did the government file for an appeal to supreme court?

+ Read More

Attorney answers 3

Posted

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.

Asker

Posted

Thank you

Haroen Calehr

Haroen Calehr

Posted

welcome. Please see attorney Shusterma's comment also below. The government (OIL) ha until 5pm tomorrow to file a Writ. I think the two sound decisions, from the 9th circuit and also from the 5th (my friend lawrence rushton handled that one) are on very sound footing. But anytime there is a "circuit split" if other cicuits besides the 9th and 5th are saying otherwise, thats always a very good basis for the U.S. Supreme Court to accept a request for a Writ. So it "may" or may not happen.

Asker

Posted

Well, they have 6 more hours left. Hopefully there will be no appeal.

Haroen Calehr

Haroen Calehr

Posted

You know, it depends actually. I honestly think that if it were to be taken up by the US Supreme Court, they have been coming out with some sound decisions lately on immigration and I think they would follow the reasoning in the 9th and 5th circuits. You see the 9th circuit is the national trend setter but most other circuits especially very conservative circuits like the 3rd, 4th, 5th, 6th, all think that the 9th Circuit is insane and makes unsound, pro immigrant, "liberal" biased decisions. In this case, even the 5th circuit who often times issues some really whacky decisions on immigration, also is in line with the 9th Circuit reasoning (the 5th circuit I recall came out before the 9th's decision). If the Supremes take the case and once and for all puts an end to the absurd arguments made by OIL/Government and provide clarity for the entire nation. USCIS has been snubbing their nose at the 5th circui and they always snub their nose against the 9th (outside of the 9th) and this would be a nice smack down which is what they need more often than not. But I understand why you don't want it. Also, if the Supremes take the case and come back agreeing with the 9th and 5th, than the arrogant consular officers overseas can no longer say, "oh this only applies if you come from the 9th and 5th circuit) now they would have to apply this new rule to everyone.

Asker

Posted

Thank you for the great points. While you are correct, it will actually put me more behind while I wait for an unknown period of time while supreme court makes a decision, not to mention F4 derivative to F2B, I won't be able to get married. I have been following this since 2008, I guess I can't wait for it to end :). My petition was also approved from California Service Center. I might be wrong, but I thought being a nationwide class action lawsuit, this should apply everywhere correct?

Haroen Calehr

Haroen Calehr

Posted

yes, I understand. Well, the class action did originate in the 9th Circuit and yes, if USCIS doesn't appeal it anymore, they may very well start applying this as a "new" policy to everyone, depending on the terms of the settlement agreement. It all depends, and I'm not privy to this portion/aspect, ask attorney Shusterman below. But, a US Supreme Court decision would be more favorable. But I do understand your personal situation and if I were in your shoes I would want the same as you, a prompt end to your nightmare.

Posted

I agree with Mr. Calehr ... Mr. Shusterman is 'the man' to talk to.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Posted

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.

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.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer