Li, et al. v. Renaud, et al., No. 10-2560 (2d Cir. 2011)
Annotate this CasePlaintiffs appealed the judgment of the district court dismissing their complaint for failure to state a claim. Plaintiffs argued that the Child Status Protection Act (CSPA), and in particular 8 U.S.C. 1153(h)(3), entitled Duo Cen, an alien who aged out of eligibility for an immigrant visa as a derivative beneficiary to his grandfather's 1994 priority date for his mother's 2008 family-sponsored petition for Duo Cen. The court held that section 1153(h)(3) did not entitle an alien to retain the priority date of an aged-out family preference petition if the aged-out family preference petition could not be "converted to [an] appropriate category." Therefore, because plaintiffs have specified no "appropriate category" to which Duo Cen's grandfather's petition could be converted, section 1153(h)(3) did not entitle him to retain the 1994 priority date from his grandfather's petition. Accordingly, the judgment of the district court was affirmed.
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