Legal Case Summary

Cuellar De Osorio v. Mayorkas


Date Argued: Tue Jun 19 2012
Case Number: 09-56786
Docket Number: 7839165
Judges:Kozinski, Pregerson, McKeown, Wardlaw, W Fletcher, Fisher, Gould, Paez, Rawlinson, M Smith, Murguia, Cjj
Duration: 63 minutes
Court Name: Court of Appeals for the Ninth Circuit

Case Summary

**Case Summary: Cuellar de Osorio v. Mayorkas** **Docket Number:** 7839165 **Court:** United States Court of Appeals (Circuit Court) **Date:** [Please fill in the date of judgment or filing if available] **Background:** The case of Cuellar de Osorio v. Mayorkas revolves around immigration law and the interpretation of family-sponsored immigration petitions. The key issue relates to the eligibility of certain family members for immigration benefits, specifically in how age-out provisions affect derivative beneficiaries. **Facts:** - The petitioner, Cuellar de Osorio, is a foreign national who sought immigration relief based on a family-sponsorship petition. - Cuellar de Osorio was a derivative beneficiary under her parent's immigration petition. - The case involved the timing of the petition and how it affected her eligibility for immigration status due to her age. **Legal Issues:** - The central legal question in this case was whether the immigration regulations allowed individuals who aged out of their status during the processing of a family petition to retain their eligibility as derivative beneficiaries. **Arguments:** - Cuellar de Osorio's counsel argued that the child-status protection provisions should apply in her case, allowing her to benefit from her parent's immigration petition despite having turned 21 during the processing time. - The opposing party, represented by Mayorkas, argued that the petitioner did not meet the necessary criteria under the existing immigration regulation and therefore could not retain her status as a derivative beneficiary. **Ruling:** The court ruled in favor of Cuellar de Osorio, finding that the interpretation of the applicable immigration regulations did support the retention of eligibility for derivative beneficiaries who age out due to delays in the processing of their family-sponsored petitions. **Significance:** The ruling in this case highlighted an important aspect of immigration law regarding the treatment of aging-out applicants. It reinforced protective measures for children of petitioners, ensuring they do not lose their eligibility due to procedural delays in the immigration system. **Conclusion:** Cuellar de Osorio v. Mayorkas serves as a pivotal case in the realm of immigration law, addressing the rights of derivative beneficiaries and emphasizing the need for equitable treatment of individuals navigating the complexities of family-based immigration petitions. **Note:** For more specific details on the decision, including the legal precedents cited and the implications of the ruling, further investigation of the court's opinions and analyses would be necessary.

Cuellar De Osorio v. Mayorkas


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