Rosalina Cuellar DE OSORIO; Elizabeth Magpantay; Evelyn Y. Santos; Maria Eloisa Liwag; Norma Uy; Ruth Uy, Plaintiffs-Appellants,
v.
Alejandro MAYORKAS, Director, United States Citizenship and Immigration Services; Janet Napolitano, Secretary of the Department of Homeland Security, Hillary Rodham Clinton, Secretary of State, Defendants-Appellees.
Teresita G. Costelo; Lorenzo P. Ong, Individually and on Behalf of all Others Similarly Situated, Plaintiffs-Appellants,
v.
Janet Napolitano, Secretary of the Department of Homeland Security; United States Citizenship and Immigration Services; Alejandro Mayorkas, Director, United States Citizenship and Immigration Services; Lynne Skeirik, Director, National Visa Center; Christina Poulos, Acting Director, California Service Center, United States Citizenship and Immigration Services; Hillary Rodham Clinton, Secretary of State, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 19, 2012.
Filed September 26, 2012.
Attorney(s) appearing for the Case
Nancy Ellen Miller (argued), Reeves & Associates, APLC, Pasadena, CA; Amy Prokop and Carl Shusterman (argued), Law Offices of Carl M. Shusterman, Los Angeles, CA, for plaintiff-appellant Rosalina Cuellar de Osorio.
Amy Prokop and Carl Shusterman , Law Offices of Carl M. Shusterman, Los Angeles, CA, for plaintiffs-appellants Elizabeth Magpantay, Evelyn Y. Santos, Maria Eloisa Liwag, Norma Uy, and Ruth Uy.
Mary Kenney , American Immigration Council, Washington, D.C., for amici curiae American Immigration Council and American Immigration Lawyers Association.
Nickolas A. Kacprowski , Kirkland & Ellis LLP, San Francisco, CA, for amici curiae American Immigration Council and National Immigrant Justice Center.
Deborah Susan Smith , Law Office of Deborah S. Smith, Helena, MT, for amici curiae American Immigration Lawyers Association and Catholic Legal Immigration Network, Inc.
Thomas Kirk Ragland , Benach Ragland LLP, Washington, D.C., for amicus curiae Active Dreams LLC.
Opinion by Judge MURGUIA; Dissent by Judge MILAN D. SMITH, JR.
United States Court of Appeals, Ninth Circuit.
OPINION
MURGUIA, Circuit Judge, with whom PREGERSON, WARDLAW, FISHER, GOULD and PAEZ, Circuit Judges, join in full:
Appellants became lawful permanent residents and immigrated to the United States. However, due to visa quotas and a serious backlog, by the time Appellants received their family-sponsored visas, their children were no longer eligible to accompany them as recipients of derivative visas, which are available only to children under the age of twenty...
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