No Child Left Behind?: Why The Supreme Court Erred in Interpreting the Scope of § 1153(H)(3) of the Child Status Protection Act in Scialabba v. Cuellar De Osori

Date

2014

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Reviews Congress' passing of the CSPA to ameliorate the harsh consequences associated with a child aging out during which, Congress made it clear that the CSPA was intended to help with family reunification and to give credit to individuals who had endured years of waiting for a visa. Explores the Supreme Court's recent decision in Cuellar de Osorio and how it overlooks the congressional intent and the very reason for which the CSPA was passed: to unite families and assist all derivative beneficiaries who properly filed a petition but aged out of the system while waiting for a visa.

Description

Keywords

Scope of § 1153(H)(3), Child Status Protection Act, Scialabba v. Cuellar De Osorio, Family-based immigration, Preference categories, Petitioning an alien relative, Derivative beneficiaries, 'Aging out' dilemma, Automatic conversion and priority date retention under § 1153(h)(3) of the CSPA, BIA's interpretation of § 1153(h)(3) in Matter of Wang, Chevron deference, Second Circuit sides with the BIA, Fifth Circuit rejects the BIA 's and the Second Circuit's interpretation, Ninth Circuit joins the Fifth Circuit

Citation

Mayra Y. Varela, No Child Left Behind?: Why The Supreme Court Erred in Interpreting the Scope of § 1153(H)(3) of the Child Status Protection Act in Scialabba v. Cuellar De Osorio, 47 Tex. Tech L. Rev. 367 (2014-2015)