Supreme Court: Children over 21 go to back of visa line

[Deleted]

my neighbor has this issue now. Her son who has lived in the US since he was a kid aged out before she got her citizenship. Now he has lots of degrees from US schools but can't work here without sponsorship and has no connection to speak of to his "homeland".

[StrawberryBlondie]

I think I need to know which justices were in the majority and read the opinion before forming an opinion on this.

[PinkSquirrel]

Jun 10, 2014 11:24:56 GMT -5 StrawberryBlondie said:

I think I need to know which justices were in the majority and read the opinion before forming an opinion on this.

Kagan wrote the majority opinion.   

[StrawberryBlondie]

Jun 10, 2014 11:33:40 GMT -5 PinkSquirrel said:

Jun 10, 2014 11:24:56 GMT -5 StrawberryBlondie said:

I think I need to know which justices were in the majority and read the opinion before forming an opinion on this.

Kagan wrote the majority opinion.   

Right, but Sotomayor dissented. So the breakdown isn't what you'd normally expect. 

[StrawberryBlondie]

Ok, I don't like that politico article. The opinion was a plurality, not a 5-4 decision.

It seems like the opinion is actually about whether to defer to the Bureau of Immigration Appeals interpretation of the federal statute in question (basically, a legal doctrine that says that courts should defer to the federal agency's interpretation of their own regulations).

Here, since the BIA determined that he's no longer a child under the INA statutes & regs, it just sounds like the Court decided that courts have to defer to that determination.

This one from SCOTUSblog is much clearer:

www.scotusblog.com/2014/06/opinion-analysis-another-stop-at-the-chevron-station-and-deference-to-the-bia/#more-212528

[fbf2006]

I didn't read the article.
I think it has always been the case that if you age out (or other circumstances change), you are moved to a different category. I was initially under the category "unmarried children of permanent residents" but when I got married pretty much had to abandon my application since there's no "married children of permanent residents" category. My mum had applied for citizenship and it was taking longer than normal. If it had been processed normally, I'd have been switched to "married children of US citizens." This was after waiting a number of years.