Supreme Court: Kids Aged Out for Citizenship Won't Get Priority

Tuesday, 10 Jun 2014 07:26 AM

By Elliot Jager

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink
The U.S. Supreme Court ruled 5-4 that most juveniles waiting for visas to remain in the United States will need to start the process anew when they turn 21, according to CNN.

The court said that children who went down the slow-moving immigration road and "aged out" while waiting for visas are not entitled to receive special priority, The New York Times reported.

A 2002 law allows aged-out children to retain their initial "priority date" for immigration processing even if they reach 21.

The case, Scialabba v. De Osorio, involved Rosalina Cuellar de Osorio, a Salvadoran immigrant who sought a visa for herself and her 13-year-old son Melvin. He reached 21 before the process was completed and lost his "automatic conversion and priority date retention," the Times reported.

In its 65-page decision, the court reversed the U.S. Court of Appeals for the 9th Circuit which had ruled in favor of the family. The court majority ruled that the Board of Immigration Appeals made a "reasonable" interpretation of the law in Osorio's case and that it would defer to the agency.

Writing for the majority, Justice Elena Kagan said she found the law's wording so perplexing that it was best not to micro-manage how the immigration agency interpreted it, The Washington Post reported.

Chief Justice John Roberts voted with the majority, though he and Justice Antonin Scalia disagreed on their reading of the original law. The other justices who joined the majority were Anthony Kennedy and Ruth Bader Ginsburg.

In leading the dissent, Justice Sonia Sotomayor found that the law "was broken from the moment Congress wrote it." Nevertheless, she believed that Congress did not intend for "aged-out" children to lose their place.

Justices Samuel Alito, Stephen Breyer, and Clarence Thomas all dissented for various reasons.

Lori Scialabba is the acting director of the U.S. Citizenship and Immigration Services.

Related Stories:



© 2014 Newsmax. All rights reserved.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Country
Zip Code:
Privacy: We never share your email.
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

Bill Clinton: World's Borders More 'Like Nets Than Walls'

Friday, 19 Sep 2014 06:14 AM

Power is more diffuse in a technologically advanced world, and that means inclusiveness is the only way to battle the wo . . .

Report: Washington Full of Cell Phone Spying Devices

Thursday, 18 Sep 2014 22:12 PM

The Washington, D.C., area is littered with devices that spy on users' cellphones, and one expert thinks they were plant . . .

Man Kills Daughter, Six Grandchildren in Murder-Suicide

Thursday, 18 Sep 2014 21:43 PM

A 51-year-old Florida man shot dead his daughter and six grandchildren in his home before killing himself on Thursday, a . . .

Most Commented

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved