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Mayorkas v. Cuellar de Osorio

Docket No. Op. Below Argument Opinion Vote Author Term
12-930 9th Cir. Dec 10, 2013
Tr.Aud.
TBD TBD TBD OT 2013

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).

SCOTUSblog Coverage

DateProceedings and Orders
Dec 13 2012Application (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.
Dec 18 2012Application (12A612) granted by Justice Kennedy extending the time to file until January 25, 2013.
Jan 25 2013Petition for a writ of certiorari filed. (Response due February 25, 2013)
Feb 22 2013Order extending time to file response to petition to and including May 3, 2013.
May 3 2013Order further extending time to file response to petition to and including May 24, 2013.
May 24 2013Brief of respondents Rosalina Cuellar de Osorio, et al. in opposition filed.
Jun 4 2013DISTRIBUTED for Conference of June 20, 2013.
Jun 6 2013Reply of petitioner Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al. filed. (Distributed).
Jun 24 2013Petition GRANTED.
Jul 26 2013The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 3, 2013.
Jul 26 2013The time to file respondents' brief on the merits is extended to and including October 28, 2013.
Aug 19 2013Motion to dispense with printing the joint appendix filed by petitioner Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al.
Sep 3 2013Brief of petitioners Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al. filed.
Sep 17 2013SET FOR ARGUMENT ON Tuesday December 10, 2013.
Sep 17 2013CIRCULATED
Sep 19 2013Records received from USCA for the Ninth Circuit. (electronically filed available through PACER)
Sep 19 2013Records received from USDC for the Central District of California electronically filed and located on PACER.
Oct 7 2013Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Oct 28 2013Brief of respondents Rosalina Cuellar de Osorio, et al. filed. (Distributed)
Nov 4 2013Brief amicus curiae of Catholic Legal Immigration Network Inc. filed. (Distributed)
Nov 4 2013Brief amici curiae of Immigration Advocacy Organizations filed. (Distributed)
Nov 4 2013Brief amici curiae of Current and Former Members of Congress filed. (Distributed)
Nov 12 2013Letter from counsel for amici curiae Immigration Advocacy Organizations received.
Nov 27 2013Reply of petitioners Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al. filed. (Distributed)
Dec 10 2013Argued. For petitioners: Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Mark C. Fleming, Boston, Mass.
 
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