Petition for rehearing has been DENIED. This means that none of the judges voted to rehear the case before the full court, and that only Judge Nygaard voted to have the panel of three judges hear the case again. A petition for writ of certiorari may now be filed with the U.S. Supreme Court within 90 days of the denial of rehearing. Mrs. Robinson has indicated that she will appeal to the Supreme Court, although the chances of the Court hearing the case are 4%. Unless the Supreme Court overturns the Robinson decision, widows and widowers in Delaware, New Jersey, Pennsylvania, and the U.S. Virgin Islands will now be subject to automatic termination and deportation.
Osserrita Robinson, a legal immigrant to the United States, married Louis Robinson. Mr. Robinson was killed in the Staten Island Ferry disaster. CIS has since denied Mrs. Robinson’s attempts to gain permanent residency and unless the US Supreme Court intervenes or Homeland Security reverses itself, she will be deported.
HS Secretary Napolitano has ordered a review of the immigration policy that deports legal immigrant spouses of US citizens for no other reason than their spouse has died. I hope Napolitano will put an end to this travesty.