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CUELLAR DE OSORIO v. MAYORKAS

Nos. 09-56786, 09-56846.

656 F.3d 954 (2011)

Rosalina CUELLAR DE OSORIO; Elizabeth Magpantay; Evelyn Y. Santos; Maria Eloisa Liwag; Norma Uy; Ruth Uy, Plaintiffs-Appellants, v. Alejandro MAYORKAS, Director, United States Citizenship and Immigration Services; Janet Napolitano, Secretary of the Department of Homeland Security, Hillary Rodham Clinton, Secretary of State, Defendants-Appellees. Teresita G. Costelo; Lorenzo P. Ong, Individually and on Behalf of all Others Similarly Situated, Plaintiffs-Appellants, v. Janet Napolitano, Secretary of the Department of Homeland Security; United States Citizenship and Immigration Services; Alejandro Mayorkas, Director, United States Citizenship and Immigration Services; Lynne Skeirik, Director, National Visa Center; Christina Poulos, Acting Director, California Service Center, United States Citizenship and Immigration Services; Hillary Rodham Clinton, Secretary of State, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2011.

Attorney(s) appearing for the Case

Nancy E. Miller (argued), Robert L. Reeves, Jeremiah Johnson, Anthony J. Favero, Reeves and Associates, APLC, Pasadena, CA; Amy Prokop, Carl Shusterman, Law Offices of Carl Shusterman, Los Angeles, CA; for plaintiffs-appellants Teresita G. Costelo, Lorenzo P. Ong, Rosalina Cuellar de Osorio, Elizabeth Magpantay, Evelyn Y. Santos, Maria Eloisa Liwag, Norma Uy and Ruth Uy.

Gisela A. Westwater (argued), Elizabeth J. Stevens, Aaron D. Nelson, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for defendants-appellees Janet Napolitano, Jonathan Scharfen, et al.

Mary Kenney, American Immigration Council, Washington, D.C., for amici curiae American Immigration Council and American Immigration Lawyers Association.

Before: PAMELA ANN RYMER, RICHARD C. TALLMAN, and SANDRA S. IKUTA, Circuit Judges.

OPINION

TALLMAN, Circuit Judge:

This case involves parents who face separation from their children due to the way our immigration system operates. Appellants, the parents, have all immigrated to the United States and become lawful permanent residents. Their children, however, have not been able to join them because the children are no longer under the age of 21.

Appellants became lawful permanent residents through the family-sponsored immigration...

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