Wednesday, December 11, 2013
Argument recap: Another immigration case? Another argument about statutory interpretation and agency deference
Yesterday, the Court heard oral arguments in Mayorkas v. Cuellar de Osorio, a case raising a technical issue of statutory construction of the complex U.S. immigration laws. The specific question presented by the case is whether a provision of the Immigration & Nationality Act, as amended by the Child Status Protection Act (2002), allows children of all family immigrant visa applicants (or only for some family immigrant visas) who turn twenty-one (“age out”) while waiting for a visa, to be issued a visa with their parent when the visas are issued. 8 U.S.C. § 1153(h)(3) provides that, for an “aged out” child, “the alien’s petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.” The Board of Immigration Appeals has interpreted the statute to cover only certain, rather than all, family immigrant visas.
See my SCOTUSblog recap of the oral argument here.