Federal Regulation/Administrative Law: Scialabba v. Cuellar de Osorio LITIGATION/CONTROVERSY

WilmerHale represents a nationwide class of immigrants in their Supreme Court challenge to the Board of Immigration Appeals' restrictive interpretation of the Child Status Protection Act (CSPA). This is a statutory interpretation case involving an important issue of immigration law. Congress enacted the CSPA in 2002 to promote family unity and ameliorate the impact of administrative processing delays and visa backlogs on children who turn 21 while awaiting a visa. Those children are no longer eligible for the “child” status that would allow them to immigrate with the rest of their families. But by allowing them to retain their original priority dates, the CSPA permits those children to immigrate close in time to their parents and younger siblings. The case was argued by Partner Mark Fleming on December 10, 2013.

The team also includes Paul Wolfson, Megan Barbero, Jason Hirsch, Christina McKinley, Harriet Hoder and Ari Holtzblatt.

Oral Argument

Transcript of Oral Argument

Brief for Respondents

Opinion

WilmerHale represents a nationwide class of immigrants in their Supreme Court challenge to the Board of Immigration Appeals' restrictive interpretation of the Child Status Protection Act (CSPA). This is a statutory interpretation case involving an important issue of immigration law. Congress enacted the CSPA in 2002 to promote family unity and ameliorate the impact of administrative processing delays and visa backlogs on children who turn 21 while awaiting a visa. Those children are no longer eligible for the “child” status that would allow them to immigrate with the rest of their families. But by allowing them to retain their original priority dates, the CSPA permits those children to immigrate close in time to their parents and younger siblings. The case was argued by Partner Mark Fleming on December 10, 2013.

The team also includes Paul Wolfson, Megan Barbero, Jason Hirsch, Christina McKinley, Harriet Hoder and Ari Holtzblatt.

Oral Argument

Transcript of Oral Argument

Brief for Respondents

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