Legal Opinion

Feimei Li v. Renaud

Court of Appeals for the Second Circuit

Decided June 30, 2011No. 10-2560PublishedCited by 20 opinions

1Opinion of the Court

POOLER, Circuit Judge:

Plaintiffs-Appellants appeal the judgment of the District Court for the Southern District of New York (Marrero, /.), dismissing their complaint for failure to state a claim. Plaintiffs-Appellants argue that the Child Status Protection Act, and in particular 8 U.S.C. § 1153(h)(3), entitles Duo Cen, an alien who aged out of eligibility for an immigrant visa as a derivative beneficiary to his grandfather’s 1994 petition, to retain the 1994 priority date for his mother’s 2008 family-sponsored petition for Duo Cen. We disagree. Section 1153(h)(3) does not entitle an alien to…

2Cases cited10 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. Mead Corp.Supreme Court of the United States · 2001
  3. Immigration & Naturalization Service v. Aguirre-AguirreSupreme Court of the United States · 1999
  4. General Dynamics Land Systems, Inc. v. ClineSupreme Court of the United States · 2004
  5. Arizona Public Service Co. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2000

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3Cited by20 opinions

  1. Catskill Mountains Chapter of Trout Unlimited, Inc. v. United States Environmental Protection AgencyCourt of Appeals for the Second Circuit · 2017
  2. Scialabba v. Cuellar De OsorioSupreme Court of the United States · 2014
  3. Adams v. HolderCourt of Appeals for the Second Circuit · 2012
  4. Khalid v. HolderCourt of Appeals for the Fifth Circuit · 2011
  5. Lawrence + Memorial Hospital v. BurwellCourt of Appeals for the Second Circuit · 2016

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