Benach Ragland and DreamActivist Take up the Child Status Protection Act

14 May

On Friday, May 11, 2012, Benach Ragland filed an amicus curiae (“friend of the court”) brief on behalf of DreamActivist with the U.S. Courts of Appeals for the Ninth Circuit in Cuellar de Osorio v. Mayorkas asking the Court to reject the Board of Immigration Appeals decision in Matter of Wang, which unnecessarily limited the class of individuals who could gain the benefits of the Child Status Protection Act (CSPA).  This represents the first time that a Court will hear directly from Dreamers on a question of statutory interpretation and public policy.  The brief recounts the stories of six Dreamers who have “aged-out” of eligibility for residence through the petitions that provided residence for their parents and siblings.  The brief describes how the Board’s cramped interpretation of the CSPA has resulted in a limbo-like state for these six Dreamers who came to the U.S. as children and waited in long visa queues to immigrate with their parents only to age-out and “get to the back of the line.”  Should the 9th Circuit reject Matter of Wang, it will join the Fifth Circuit in rejecting the Board’s position,and it will allow many young people who were the derivative beneficiaries of previous petitions to apply for residence immediately taking advantage of the years they waited prior to their turning 21.  It will also allow them to avoid the possibility of lengthy separation from their families, their country and their dreams for their future.

This case represents a the opening of a new front for DreamActivist and Dreamers everywhere in the battle for reasonable immigration laws.  While Dreamers have organized admirably and display significant power in the executive and legislative branches, DreamActivist’s entry into the judicial realm provides another forum where the compelling stories of Dreamers can have a significant impact.  Dreamers long ago figured out that you can not count on the executive and legislative branch to always do the right thing and DreamActivist’s participation in this lawsuit against the Citizenship & Immigration Service (CIS) recognizes that courts are the final checks on government decision making and power.

Benach Ragland is honored to represent DreamActivist before the Courts of Appeals.  We are committed to the DREAM Act, comprehensive immigration reform and the belief that the Dreamers remain their own best advocates as they tell their stories of overcoming daunting odds to succeed in their adopted home and to realize the American Dream.

The Court will take up Cuellar de Osorio in June.  Ms. Amy Prokop is representing Ms. Cuellar de Osorio.  In addition to DreamActivist, the American Immigration Lawyers Association & the Catholic Legal Immigration Network filed a brief as amicus curiae.

The DreamActivist brief was written by Prerna Lal, Andres Benach and Thomas Ragland.

09-56786 Amicus Brief by Active Dreams LLC efiled copy.

AILA CLINIC amicus brief – PACER

4 Responses to “Benach Ragland and DreamActivist Take up the Child Status Protection Act”


  1. CSPA Amicus Brief Filed with the Ninth Circuit | - May 14, 2012

    […] I had to move out of my apartment last Monday while I was working on it due to an emergency situation, and remained homeless for a few days, so it is somewhat of a miracle that the brief actually got filed. I only have Andres Benach, Thomas Ragland and Cindy Ramirez at the law firm of Benach Ragland LLP to thank for making sure that the brief was edited, polished and made presentable for the court.  Here’s the Benach Ragland blog about the case. […]

  2. Ninth Circuit Provides Hope to Young Immigrants « Lifted Lamp - September 26, 2012

    […] Great news out of the U.S. Court of Appeals for the 9th Circuit, which ruled today that a Board of Immigration Appeals interpretation of the Child Status Protection Act (CSPA), improperly excluded a large class of immigrants from being eligible for immediate residence.  Rosalina Cuellar de Osorio challeged the BIA’s interpretation of the CSPA in Matter of Wang before the 9th Circuit.  She initially lost before a three judge panel, but the court sitting en banc agreed to rehear the case.  A number of organizations submitted briefs in support of Cuellar de Osorio’s case, including DreamActivist, a nationwide action committee for undocumented youth.  DreamActvist was represented by Benach Ragland. […]

  3. Press Release: DreamActivist Welcomes Ninth Circuit Decision That Would Provide Green Cards to Thousands of Young Immigrants | DreamActivist - September 27, 2012

    […] A number of organizations submitted briefs in support of Cuellar de Osorio’s case, including DreamActivist.  DreamActvist was represented by Benach Ragland. […]

  4. Opportunity Lost- Administration Seeks Supreme Court Review of De Osorio « Lifted Lamp - January 26, 2013

    […] this are some of the best in the business.  Many other interested parties will weigh in.  Benach Ragland will continue to be a part of this litigation and continue to advocate for sane immig…s.  Also, cert is rarely granted.  The government still has an uphill road to follow.  This is a […]

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