Schedule Legal Consultation ( [link removed] )

*****************************************************************************
Ending Chevron Deference Will Make It Easier To Challenge Immigration Denials
*****************************************************************************

On January 17, 2024, the US Supreme Court will hear oral arguments in 2 cases where the Chevron Deference Doctrine is a key issue:

1. Relentless, Inc. v. Department of Commerce
2. Loper Bright Enterprises v. Raimondo

The Justices will consider whether to overrule the Court’s 1984 precedent in *Chevron v. Natural Resources Defense Council.* There, the Court held that when a federal statute is ambiguous, federal courts should defer to the agency’s interpretation of the law if the interpretation is *“* *reasonable* ”.

While overturning, or limiting, the Chevron Deference Doctrine will have negative consequences in some areas, it would revolutionize the ability of persons to challenge immigration denials by federal agencies (including USCIS, ICE, CBP, EOIR, etc.) based on restrictive interpretations of U.S. immigration laws.

*Related Links*
---------------

Chevron Deference
( [link removed]. )
Senators' Friend of the Court Brief ( [link removed] )

CSPA Guide
( [link removed] )
Why Matter of Wang Got It Wrong ( [link removed] )

------------------------------------------------
Challenging Immigration Denials in Federal Court
------------------------------------------------

Let me provide you with an example of an immigration matter which has divided thousands of children from their parents due to Chevron deference.

Immigration laws are designed to keep families together.  If a person is sponsored for a green card, the person’s spouse and children are generally permitted to adjust their status or obtain their immigrant visas together with the principal applicant.

However, once a child reaches the age of 21, the law states that he/she has “aged-out” and cannot immigrate together with the rest of the family.

To remedy this situation, in 2002, Congress passed and the President signed into law the Child Status Protection Act (CSPA) in order to prevent families from becoming separated due to long waiting times in many family-based and employment-based preference categories.

CSPA provides a formula which allows a child to subtract the time that the I-130 or I-140 visa petition was pending from his age when his priority date becomes current.

However, many children still " *age-out”* despite this formula.

*Read more..*. ( [link removed] )

Immigration Attorney
Carl Shusterman ( [link removed] )

Schedule Legal Consultation ( [link removed] )

Zoom Consultations Available!

*Quick Links*
-------------

About Carl ( [link removed] )
( [link removed] )
Citizenship ( [link removed] )
( [link removed] )
Client Reviews ( [link removed] )
( [link removed] )
Deportation Defense ( [link removed] )

EB Green Cards ( [link removed] )

Employers Guide ( [link removed] )
( [link removed] )
Forms
( [link removed] )
Green Cards ( [link removed] )
( [link removed] )
Marriage ( [link removed] )
( [link removed] )
Processing Times ( [link removed] )

Subscribe to Our Newsletter
( [link removed] )
Success Stories ( [link removed] )
( [link removed] )
Temporary Visas
( [link removed] )
Visa Bulletin ( [link removed] )

Visa Bulletin Predictions ( [link removed] )

LinkedIn ( [link removed] )

YouTube ( [link removed] )

Twitter ( [link removed] )

Facebook ( [link removed] )

*Disclaimer:* This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.
All content Copyright © Carl Shusterman 1995-2023, All rights reserved

Unsubscribe ( [link removed] )