Scialabba v. Cuellar de Osorio

Scialabba v. Cuellar de Osorio, 573 U.S. 41 (2014), was a United States Supreme Court case in which the court held that lawful residents in the United States who turned twenty-one while their visa applications were being processed could not retain their original application date after "aging out" of eligibility for child-visas. Those "aged out" were moved to the bottom of the list of applicants for adult visas.^[1][2] The Ninth Circuit Court had originally agreed that provisions in the Child Status Protection Act allowed applicants to retain their date.

Full case nameLori Scialabba, Acting Director, United States Citizenship and Immigration Services, et al., Petitioners v. Rosalina Cuellar de Osorio, et al.

Docket no.12-930

Citations573 U.S. 41 (more)

134 S. Ct. 2191; 189 L. Ed. 2d 98

PriorMotion to dismiss granted, Zhang v. Napolitano, 663 F. Supp. 2d 913 (C.D. Cal. 2009); affirmed sub. nom., Cuellar de Osorio v. Mayorkas, 656 F.3d 954 (9th Cir. 2011); reversed on rehearing en banc, 695 F.3d 1003 (9th Cir. 2012); cert. granted, 570 U.S. 916 (2013).

Quick facts Argued December 10, 2013 Decided June 9, 2014, Full case name ...

Scialabba v. Cuellar de Osorio
Supreme Court of the United States
Argued December 10, 2013 Decided June 9, 2014
Full case name	Lori Scialabba, Acting Director, United States Citizenship and Immigration Services, et al., Petitioners v. Rosalina Cuellar de Osorio, et al.
Docket no.	12-930
Citations	573 U.S. 41 (more) 134 S. Ct. 2191; 189 L. Ed. 2d 98
Case history
Prior	Motion to dismiss granted, Zhang v. Napolitano, 663 F. Supp. 2d 913 (C.D. Cal. 2009); affirmed sub. nom., Cuellar de Osorio v. Mayorkas, 656 F.3d 954 (9th Cir. 2011); reversed on rehearing en banc, 695 F.3d 1003 (9th Cir. 2012); cert. granted, 570 U.S. 916 (2013).
Holding
Lawful residents in the United States who turned twenty-one while their visa applications were being processed could not retain their original application date after "aging out" of eligibility for child-visas.
Court membership
Chief Justice John Roberts Associate Justices Antonin Scalia · Anthony Kennedy Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito Sonia Sotomayor · Elena Kagan
Case opinions
Majority	Kagan, joined by Kennedy, Ginsburg
Concurrence	Roberts (in judgment), joined by Scalia
Dissent	Alito
Dissent	Sotomayor, joined by Breyer; Thomas (except footnote 3)

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