Scialabba v. Cuellar de Osorio
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-930 | 9th Cir. | Dec 10, 2013 | Jun 9, 2014 | 5-4 | Kagan | OT 2013 |
Holding: The Board of Immigration Appeals has interpreted the Child Status Protection Act as providing a remedy only to "aged-out" non-citizens " that is, those who turned twenty-one while their visa application is pending " who qualified or could have qualified as principal beneficiaries of a visa petition, rather than only as derivative beneficiaries piggy-backing on a parent. That is a permissible construction of the statute.
Judgment: Reversed and remanded on June 9, 2014. Chief Justice Roberts filed an opinion concurring in the judgement, in which Justice Scalia joined. Justice Alito filed a dissenting opinion. Justice Sotomayor filed a dissenting opinion, which Justice Breyer joined, and in which Justice Thomas joined except as to footnote 3.
SCOTUSblog Coverage
- Quick take: Court defers to agency on aged-out immigrants (Amy Howe, June 9, 2014)
- Opinion analysis: Another stop at the Chevron station and deference to the BIA (Kevin Johnson, June 9, 2014)
- Argument recap: Another immigration case? Another argument about statutory interpretation and agency deference (Kevin Johnson, December 11, 2013)
- Argument preview: Deference to agency interpretations of the immigration laws (Kevin Johnson, December 5, 2013)
| Date | Proceedings and Orders |
|---|---|
| 12/13/2012 | Application (12A612) to extend the time to file a petition for a writ of certiorari from December 25, 2012 to January 25, 2013, submitted to Justice Kennedy. |
| 12/18/2012 | Application (12A612) granted by Justice Kennedy extending the time to file until January 25, 2013. |
| 01/25/2013 | Petition for a writ of certiorari filed. (Response due February 25, 2013) |
| 02/22/2013 | Order extending time to file response to petition to and including May 3, 2013. |
| 05/03/2013 | Order further extending time to file response to petition to and including May 24, 2013. |
| 05/24/2013 | Brief of respondents Rosalina Cuellar de Osorio, et al. in opposition filed. |
| 06/04/2013 | DISTRIBUTED for Conference of June 20, 2013. |
| 06/06/2013 | Reply of petitioner Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al. filed. (Distributed). |
| 06/24/2013 | Petition GRANTED. |
| 07/26/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 3, 2013. |
| 07/26/2013 | The time to file respondents' brief on the merits is extended to and including October 28, 2013. |
| 08/19/2013 | Motion to dispense with printing the joint appendix filed by petitioner Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al. |
| 09/03/2013 | Brief of petitioners Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al. filed. |
| 09/17/2013 | SET FOR ARGUMENT ON Tuesday December 10, 2013. |
| 09/17/2013 | CIRCULATED |
| 09/19/2013 | Records received from USCA for the Ninth Circuit. (electronically filed available through PACER) |
| 09/19/2013 | Records received from USDC for the Central District of California electronically filed and located on PACER. |
| 10/07/2013 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 10/28/2013 | Brief of respondents Rosalina Cuellar de Osorio, et al. filed. (Distributed) |
| 11/04/2013 | Brief amicus curiae of Catholic Legal Immigration Network Inc. filed. (Distributed) |
| 11/04/2013 | Brief amici curiae of Immigration Advocacy Organizations filed. (Distributed) |
| 11/04/2013 | Brief amici curiae of Current and Former Members of Congress filed. (Distributed) |
| 11/12/2013 | Letter from counsel for amici curiae Immigration Advocacy Organizations received. |
| 11/27/2013 | Reply of petitioners Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al. filed. (Distributed) |
| 12/10/2013 | Argued. For petitioners: Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Mark C. Fleming, Boston, Mass. |
| 06/09/2014 | Judgment REVERSED and case REMANDED. Kagan, J., announced the judgment of the Court and delivered an opinion, in which Kennedy and Ginsburg, JJ., joined. Roberts, C. J., filed an opinion concurring in the judgment, in which Scalia, J., joined. Alito, J., filed a dissenting opinion. Sotomayor, J., filed a dissenting opinion, in which Breyer, J., joined, and in which Thomas, J., joined except as to footnote 3. |
| 07/03/2014 | Petition for Rehearing filed. |
| 07/17/2014 | DISTRIBUTED. |
| 08/11/2014 | Rehearing DENIED. |
| 08/11/2014 | JUDGMENT ISSUED. |
Issue: (1) Whether Section 1153(h)(3) of the Immigration and Nationality Act” which provides rules for determining whether particular aliens qualify as “children” so that they can obtain visas or adjustments of their immigration status as derivative beneficiaries of sponsored family member immigrants (also known as “primary beneficiaries”) ” unambiguously grants relief to all aliens who qualify as “child” derivative beneficiaries at the time a visa petition is filed but age out of qualification by the time the visa becomes available to the primary beneficiary; and (2) whether the Board of Immigration Appeals reasonably interpreted Section 1153(h)(3).