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MAYORKAS v. DE OSORIO

Docket No.: 12-930
Certiorari Granted: Jun 24 2013
Argued: December 10, 2013

PartyNames: Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al. v. Rosalina Cuellar de Osorio, et al.
Petitioner: Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al.
Respondent: Rosalina Cuellar de Osorio, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 695 F.3d 1003
Supreme Court Docket

Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al.
v.
Rosalina Cuellar de Osorio, et al.
Background:

The Immigration and Nationality Act (INA) permits United States citizens and lawful permanent resident aliens to petition for certain family members to obtain visas to immigrate to the United States or to adjust their status in the United States to that of a lawful permanent resident alien. The family member sponsored by the petitioner is known as the primary beneficiary. The primary beneficiary's "spouse or child" may be a derivative beneficiary of the petition, "entitled to the same status[] and the same order of consideration" as the primary beneficiary. 8 U.S.C. 1153(d). Section 203(h)(3) of the INA, 8 U.S.C. 1153(h)(3), grants relief to certain persons who reach age 21 ("age out"), and therefore lose "child" status, after the filing of visa petitions as to which they are beneficiaries.

Question Presented:

1. Whether Section 1153(h)(3) 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. 2. Whether the Board of Immigration Appeals reasonably interpreted Section 1153(h)(3).

MAYORKAS v. DE OSORIO
ORAL ARGUMENT

December 10, 2013

Listen to Oral Argument in MAYORKAS v. DE OSORIO
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