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LI v. RENAUD

Docket No. 10-2560-cv.

654 F.3d 376 (2011)

Feimei LI, Duo Cen, Plaintiffs-Appellants, v. Daniel M. RENAUD, Director, Vermont Service Center, United States Citizenship & Immigration Services, Alejandro Mayorkas, Director, United States Citizenship & Immigration Services, Eric H. Holder, Jr., United States Attorney General, Janet Napolitano, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 30, 2011.

Attorney(s) appearing for the Case

Scott E. Bratton , Margaret Wong & Associates Co., LPA, Cleveland, OH, for Appellants.

David Bober , Sarah S. Normand (on the brief). Assistant United States Attorneys, for Preet Bharara , United States Attorney, Southern District of New York, New York, NY, for Appellees.

Mary Kenney , Beth Werlin , American Immigration Council, Washington, DC, for Amicus Curiae American Immigration Council and American Immigration Lawyers Association.

Nancy Morawetz , Washington Square Legal Services, Inc., New York, NY, for Amicus Curiae Mohammed Golam Azam.

Before: WINTER, POOLER, B.D. PARKER, Circuit Judges.

POOLER, Circuit Judge:

Plaintiffs-Appellants appeal the judgment of the District Court for the Southern District of New York (Marrero, J.), dismissing their complaint for failure to state a claim. Plaintiffs-Appellants argue that the Child Status Protection Act, and in particular 8 U.S.C. § 1153(h)(3), entitles Duo Cen, an alien who aged out of eligibility for an immigrant visa as a derivative beneficiary to his grandfather's 1994 petition, to retain the...

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