Cuellar de Osorio, et al. v. Mayorkas, et al.; Costello, et al. v. Napolitano, et al., No. 09-56786 (9th Cir. 2011)
Annotate this CaseThis case involved the family-sponsored immigration process where appellants were legal permanent residents of the United States and their children were no longer under the age of 21. At issue was whether appellants' children were entitled to any relief under the Child Status Protection Act (CSPA), 8 U.S.C. 1153(h), which was enacted to help keep families together by expediting the immigration process for certain aged-out aliens. The court held that because it agreed that the BIA's interpretation of section 1153(h) warranted deference, the court affirmed the district court's grant of summary judgment in favor of appellees. Therefore, the court held that appellants' children were not among the aged-out aliens entitled to relief under section 1153(h).
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