Immigration Newsletter – June 2014
Ramification of the U.S. Supreme Court Decision in Scialabba v. Cuellar de Osorio – As previously mentioned in our recent email alert, I was surprised and saddened by the U.S. Supreme Court decision in Scialabba v. Cuellar de Osorio, 2014 WL 2560467 (June 9, 2014). In a 5-4 decision, the U.S. Supreme Court reversed the 9th Circuit Court of Appeals’ decision in Cuellar de Osorio v. Mayorkas and agreeing with the Board of Immigration Appeal (BIA) in Matter of Wang, 25 I. & N. Dec. 28 (BIA 2009) that the Child Status Protection Act (CSPA) retention requirement does not apply to all derivative beneficiaries. To better understand the decision and its effect, let take a look at what has happened.