From American Immigration Center's Legal Action Center.

De Osorio v. Mayorkas, 656 F.3d 954 (9th Cir. 2011)

In October, the LAC submitted an amicus brief on behalf of the Council and the American Immigration Lawyers Association, urging the Ninth Circuit to rehear en banc a decision adopting the Board’s restrictive interpretation of the Child Status Protection Act (CSPA) in Matter of Wang, 25 I&N Dec. 28 (BIA 2009). The brief argued that the Ninth Circuit’s opiniondisregarded the plain text of the statute, which allows a derivative beneficiary of any immigrant visa petition to retain the same priority date if he or she “ages out” under the CSPA’s age-preservation formula. The brief noted that within a week after the Ninth Circuit’s decision, the Fifth Circuit issued an opinion that rejected the Board’s interpretation of the CSPA. Khalid v. Holder, 655 F.3d 363 (5th Cir. 2011). The Ninth Circuit ordered the government to respond to the petition for rehearing en banc, but has yet to announce whether it will rehear the case.