18 December 2012 ~ 4 Comments

CSPA Update – Mandate Stayed Until January 25, 2013

The lovely government has filed a motion to extend the stay on mandate in de Osorio until January 25, 2013 as well as an extension to file for cert, if indeed the government decides to seek it.

At this point, a cert. petition to the Supreme Court seems imminent.

This is unsurprising given it is the holidays. But given the sheer laziness of the Government, it is also likely that the mandate will be stayed for much longer and they may seek another extension to allow the Solicitor-General time to file cert.

Of course, there is the question of why the Solicitor-General would care to take this up. I don’t understand the rationale, but there are a lot of things that the government does which makes no sense. In this case, the interest only seems to be that the government would need to re-do the priority dates of several family and employment-based categories. In making that argument, the government is admitting that their interpretation of CSPA has torn apart a lot of families and in appealing the decision, the government demonstrates that it does not care (even though it will likely pretend that the children of legal immigrants will be unjustly impacted).

At the end of the day, neither sheer laziness to fix your mistake nor hypothetical examples of who would suffer justifies being legally wrong.

My adjustment is still scheduled for February 15, 2013. So this is going to go down to the wire.

More to follow.

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