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Scialabba v. Cuellar de Osorio

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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

DateProceedings and Orders (key to color coding)
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.
Jun 9 2014Judgment 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.
Jul 3 2014Petition for Rehearing filed.
Jul 17 2014DISTRIBUTED.
Aug 11 2014Rehearing DENIED.
Aug 11 2014JUDGMENT ISSUED.