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ImmIGRATION JULY 16, 2021 | The Indian Eye 43

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an idea which our firm the Supreme Court, a istration later changes derivative family mem- majority in the Senate.
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proposed, would have positive outcome is not its mind and decides bers will not be counted (This blog is for in-
done much to serve this likely given the conser- to adopt a nationwide against the cap under formation purposes,
goal by relieving the de- vative majority on the policy to not count de- INA § 203(d). Passing and should not be relied
cade-long backlogs. If Supreme Court, which rivatives, it would be such an amendment upon as a substitute for
the Biden administra- has adopted a pseudo precluded from imple- would be extremely dif- legal advice).
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tion wanted to reform textualist approach to in- menting this policy for ficult in a divided Sen-
the immigration sys- terpreting immigration people living within the ate, but one idea is to *Kaitlyn Box graduat-
tem through executive statutes. For instance, jurisdiction of the D.C pass a measure through ed with a JD from Penn
State Law in 2020, and
actions, reinterpreting the Supreme Court in Circuit. Perhaps a bet- the reconciliation proce- works as a Law Clerk at
the law to not count de- Sanchez v. Mayorkas ter way forward would dure that requires only a Cyrus D. Mehta & Part-
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rivatives in the green also recently strictly in- be convincing Congress simple majority, rather ners PLLC
card categories would terpreted INA § 244(f) to explicitly state that than a filibuster-proof
have been a good first (4) to hold that the grant _________________________________________________________________________________________________
step, along with not op- of Temporary Protected Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
posing the plaintiffs in Status did not constitute Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s
Wang v. Blinken. Sadly, an admission thus allow- Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics
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though, the administra- ing recipients to adjust Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
tion did not choose to status in the US. Even Appellate Division, First Department, New York; member of the ABA Commission on Immigra-
go in this direction, and if different plaintiffs tion; board member of Volunteers for Legal Services and board member of New York Immigration
the Court’s decision in could get a favorable Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration
Wang v. Blinken is like- decision in another cir- Council and former chair of the Committee on Immigration and Nationality Law of the New
ly a death knell for oth- cuit, the Supreme Court York City Bar Association. He is a frequent speaker and writer on various immigration-related
er, future lawsuits that would likely rule on the issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where
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would make similar ar- circuit split anyway. Par- he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith
guments under other ticularly as it has Chev- Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
employment or fami- ron deference on its Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation
ly-based visa categories. side, the government is in the immigration field. He has also received two AILA Presidential Commendations in 2010
While the Court’s de- likely to prevail in any and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by
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cision in Wang v. Blinken litigation scenario. And Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
can still be appealed to even if the Biden admin- Chambers Global 2019 in immigration law, among other rankings.

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