On January 25, the US Department of Justice requested that the Supreme Court review our victory in DeOsorio v. Mayorkas in the U.S. Court of Appeals for the 9th Circuit. In this video, Attorney Carl Shusterman explains the basics of the Child Status Protection Act (CSPA) and what to expect as our nationwide class action lawsuit heads to the Supreme Court. He further offers advice as to what immigrants and their attorneys should do while the CSPA case is pending. (Later, the Supreme Court overturned our victory by a 5-4 vote.)
CSPA was enacted in order to keep immigrant families intact despite family-based and employment-based waiting times ranging up to 23 years or more.
CSPA applies to thousands of people, including those who were sponsored for permanent residence after the law took effect as well as many people who were sponsored for green cards prior to August 6, 2002.
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If the Supreme Court grants the DOJ’s petition for a writ of certiorari, briefs will be submitted over the summer and oral arguments will probably be scheduled in October or November.
For more videos on the CSPA case, please watch Child Status Protection Act (Part 1) and Child Status Protection Act (Part 2).
Further information is also available on our Child Status Protection Act and our blog pages.
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Carl Shusterman
Immigration Attorney Carl Shusterman has 40+ years of experience. He served as an attorney for the U.S. Immigration and Naturalization Service (INS) from 1976 until 1982, when he entered private practice. He has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in SuperLawyers Magazine. Today, he serves as Of Counsel to JR Immigration Law Firm.