DeOsorio Court Decisions – CSPA

In June 2008, we sued the USCIS and the State Department in Federal Court on behalf of our client Mr. DeOsorio to compel the government to follow the “automatic conversion” and “retention” clause of CSPA in order that aged-out children would be able to immigrate together with their families.

In 2009, the Federal District Court ruled in favor of the government in DeOsorio v. Mayorkas based the BIA’s decision in Matter of Wang . We appealed to the US Court of Appeals for the 9th Circuit.

In 2011, a 3-judge panel of the 9th Circuit affirmed the District Court’s decision. However, we requested an en banc (11 judges) rehearing of DeOsorio and the Court granted our motion.

In 2012, Attorney Carl Shusterman argued the case before the Court. Attorney Nancy Miller did the rebuttal following the government’s argument. The en banc Court overturned the panel’s decision and ruled in favor of Mr. DeOsorio and others in a national class action victory for immigrant families.  

 

Client Reviews

 

In 2014, the Supreme Court of the United States, overturned the 9th Circuit’s decision in DeOsorio by a vote of 5 to 4. On July 3, 2014, we submitted a Motion for a Rehearing which was subsequently denied.   What follows are the decisions in of each Court in the DeOsorio case as well as the legal briefs and motions that were submitted at each stage of the proceedings.

 

DEOSORIO LAWSUIT- U.S. SUPREME COURT

 

• Petition for Rehearing Submitted to the Supreme Court (7-03-14)
• Supreme Court Decision (6-09-14)
• Government’s Reply Brief (11-27-13)
• Amicus Brief Filed by Present and Former Senators (11-04-13)
• Amicus Brief Filed by Catholic Legal Immigration Network (11-04-13)
• Amicus Brief Filed by immigration Advocacy Organizations (11-04-13)
• Brief Filed by Respondents (10-28-13)
• Government’s Opening Brief (9-03-13)
• DOJ Motion for Leave To Dispense with Preparation of Joint Appendix (8-19-13)
• Supreme Court to Review CSPA Victory (6-24-13)
• DOJ Reply Brief to Supreme Court (6-6-13)
• Brief in Opposition filed on Petition For A Writ of Certiorari to the U.S Court of Appeals for the 9th Circuit (5-24-13)
• Extension Granted to File Response to Petition for Writ of Certiorari (2-22-13) 
• Department of Labor’s Petition for a Writ of Certiorari (1-25-13)

 

DEOSORIO LAWSUIT- U.S. COURT OF APPEALS FOR THE 9th CIRCUIT

 

• Government’s Motion to Extend Mandate (12-18-12)
• Blog Post: “Child Status Protection Act (CSPA) Victory!” (9-26-12)
• Decision of the 9th Circuit (9-26-12)
• Video of Oral Arguments (6-19-12)
• Panel Announced for June 19th Appeal (6-8-12)
• Government Reply to Amicus Briefs (6-5-12)
• Amicus Curiae Brief Submitted by AILA and CLINIC (5-11-12)
• Amicus Curiae Brief Submitted by the NIJC and the AIC (5-11-12)
• Amicus Curiae Brief Submitted by Dreamactivist (5-11-12)
• Petition for Rehearing En Banc Granted (4-20-12)
• Government’s Reply Brief (11-29-11)
• Court Orders Government to File Reply Brief (11-08-11)
• AIC/AILA Brief in Support for Rehearing En Banc (10-24-11)
• Petition for Rehearing or Rehearing En Banc (10-17-11)
• Decision (9-2-11) (Decision Overturned: See Above)
• Oral Argument (7-15-11)
• Appellants’ Reply Brief (10-5-10)
• Defendants-Appellees’ Brief in Costelo (8-16-10)
• Order Granting Consolidation (6-7-10)
• Government’s Unopposed Motion to Consolidate Appeals and Reset Briefing Schedule (6-6-10)

 

DEOSORIO LAWSUIT- DISTRICT COURT

 

• Judge’s Decision Granting Government Motion for Summary Judgment (10-9-09)
• Plaintiffs’ Reply To Government’s Opposition To Plaintiffs’ Motion For Summary Judgment (9-21-09)
• Government’s Reply to Plaintiffs’ Opposition to Government’s Motion for Summary Judgment (9-21-09)
• Government’s Opposition to Plaintiff’s Motion for Summary Judgment 9-14-09)
• Judge’s Order Denying Government’s Motion to Stay (9-9-09)
• Plaintiff’s Opposition to Government’s Motion for Summary Judgment (9-8-09)
• Plaintiff’s Motion for Summary Judgment (8-31-09)
• Government’s Motion for Summary Judgment (8-31-09)
• Judge’s Order Denying the Government’s Motion to Dismiss and Granting a Stay of Proceedings (12-2-08)
• Plaintiff’s Opposition to Defendant’s Motion to Dismiss or Alternative Motion to Hold in Abeyance (11-24-08)
• Government’s Motion to Dismiss-Part 1 (9-22-08)
• Government’s Motion to Dismiss-Part 2 (9-22-08)
• Government’s Proposed Order to Dismiss (9-22-08)
• Government’s Exhibit A (9-22-08)
• Government’s Exhibit B (9-22-08)
• Government’s Exhibit C (9-22-08)
• Government’s Exhibit D (9-22-08)
• Government’s Exhibit E (9-22-08)
• Plaintiffs’ Complaint (6-23-08)

 

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