DreamActivist Welcomes Ninth Circuit Decision That Would Provide Green Cards to Thousands of Young Immigrants

Great news out of the U.S. Court of Appeals for the 9th Circuit, which has ruled that a Board of Immigration Appeals interpretation of the Child Status Protection Act (CSPA), improperly excluded a large class of young immigrants, including a lot of Dreamers, from being eligible for immediate  lawful residence.

Rosalina Cuellar de Osorio challenged the BIA’s interpretation of the CSPA in Matter of Wang before the 9th Circuit.  She initially lost before a three judge panel, but the court sitting en banc agreed to rehear the case.

A number of organizations submitted briefs in support of Cuellar de Osorio’s case, including DreamActivist.  DreamActvist was represented by Benach Ragland.

On September 26, 2012, the Ninth Circuit in a 6-5 split, overturned Matter of Wang in Cuellar de Osorio v. Mayorkas, stating:

“We conclude that the plain language of the CSPA unambiguously grants automatic conversion and priority date retention to aged-out derivative beneficiaries. The BIA’s interpretation of the statute conflicts with the plain language of the CSPA, and it is not entitled to deference.”

The Ninth Circuit now joins the Fifth Circuit in rejecting the position of the BIA. It will allow many young people who were the derivative beneficiaries of previous petitions filed for them to apply for a green card, even if they were aged-out of the process after they turned 21. This is great news for many young people, including many Dreamers, who would no longer have to face lengthy separation from their families and deportation from their homes.

The impact of this case is felt personally by many Dreamers, who have been aged-out of the process and thrust into removal proceedings.

“I still don’t know how to react. I’ve been fighting this for such a long time. My next court hearing is scheduled on October 11 and I will go to the Immigration Judge and tell her that I am ready to get my green card,” says Prerna Lal, a co-founder of DreamActivist, who aged out of an immigrant petition filed by her U.S. citizen grandmother back in 2001. By the time her mother was able to gain residency using the 2001 priority date, Prerna was over the age of 21 and USCIS refused to grant her a green card, placing her in removal proceedings, even while the rest of her family gained legal residency. If the Ninth Circuit decision stands, Prerna will now be able to use the 2001 priority date to prove to the court that she has been eligible for a green card for several years now.

On May 11, 2012, DreamActivist filed an amicus brief with the U.S. Courts of Appeals for the Ninth Circuit in Cuellar de Osorio v. Mayorkas asking the Court to reject the Board of Immigration Appeals decision in Matter of Wang, which unnecessarily limited the class of individuals who could gain the benefits of the Child Status Protection Act (CSPA).  This represented the first time that a Court heard directly from Dreamers on a question of statutory interpretation and public policy.

For more information and for interviews, please contact DreamActivist at admin@dreamactivist.org

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