Scialabba v. Cuellar de Osorio, 573 U.S. 41 (2014), was a United States Supreme Court case in which the court found that lawful residents in the United States who turned twenty-one while their visa applications were being processed could not retain their original application date after "aging out" of eligibility for child-visas. Those "aged out" were moved to the bottom of the list of applicants for adult visas.[1][2] The Ninth Circuit Court had originally agreed that provisions in the Child Status Protection Act allowed applicants to retain their date.
| Scialabba v. Cuellar de Osorio | |
|---|---|
 | |
| Argued December 10, 2013 Decided June 9, 2014 | |
| Full case name | Lori Scialabba, Acting Director, United States Citizenship and Immigration Services, et al., Petitioners v. Rosalina Cuellar de Osorio, et al. |
| Docket no. | 12-930 |
| Citations | 573 U.S. 41 (more) 134 S. Ct. 2191; 189 L. Ed. 2d 98 |
| Case history | |
| Prior | Motion to dismiss granted, Zhang v. Napolitano, 663 F. Supp. 2d 913 (C.D. Cal. 2009); affirmed sub. nom., Cuellar de Osorio v. Mayorkas, 656 F.3d 954 (9th Cir. 2011); reversed on rehearing en banc, 695 F.3d 1003 (9th Cir. 2012); cert. granted, 570 U.S. 916 (2013). |
| Court membership | |
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| Case opinions | |
| Majority | Kagan, joined by Kennedy, Ginsburg |
| Concurrence | Roberts (in judgment), joined by Scalia |
| Dissent | Alito |
| Dissent | Sotomayor, joined by Breyer; Thomas (except footnote 3) |
References edit
- ^ "Scialabba v. Cuellar de Osorio". Oyez. Retrieved October 1, 2017.
- ^ "Scialabba v. Cuellar de Osorio". SCOTUS Blog. Retrieved October 1, 2017.
External links edit
- Text of Scialabba v. Cuellar de Osorio, 573 U.S. 41 (2014) is available from: Justia Oyez (oral argument audio) Supreme Court (slip opinion) (archived)
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