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.
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.
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
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(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.