Section 8(1) of CSPA Covers Applications Not Filed
In Rodriguez v. Gonzales, No. CV 04-8671 (USDC, Central District of CA, May 31, 2006), the court, in an issue which appears to be one of first impression, said Petitioner was covered under Section 8(1) of the Child Status Protection Act (CSPA) because there was no final determination on the naturalization application because no application was filed (as a first preference alien, his priority date was not current, and thus no application could be filed). The court noted that the CSPA does not expressly state that an application for an immigrant visa must have been filed in order for the beneficiary to be covered by section 8(1) (courtesy of Jack Golan of Popkin, Shamir & Golan). The court granted mandamus relief. For the opinion, see here. For the order, see here.
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