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SCHNEIDER v. CHERTOFF

No. 04-55689.

450 F.3d 944 (2006)

Stefan SCHNEIDER; Anwar Tandar; Komsu Mamuya; Muhammad Aijaz Sattar; Sandeep Harbans Jain; Mahesh Krishnamoorthy; Saravanan Kasthuri; Bogdan Nedelescu, Plaintiffs-Appellants, v. Michael CHERTOFF, Secretary of Homeland Security; Eduardo Aguirre, Jr., Acting Director of the Bureau of Citizenship and Immigration Services; Bureau of Citizenship and Immigration Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2006.

Attorney(s) appearing for the Case

Carl Shusterman, Los Angeles, CA, for the plaintiffs.

Joanne S. Osinoff, Asst. U.S. Attorney, Los Angeles, CA, for the defendants.

Trina A. Realmuto (briefed), Washington, D.C., for the American Immigration Law Foundation.

Before HARRY PREGERSON, JOHN T. NOONAN, and SIDNEY R. THOMAS, Circuit Judges.

PREGERSON, Circuit Judge.

Plaintiffs-Appellants Stefan Schneider, Anwar Tandar, Komsu Mamuya, and Saravanan Kasthuri ("Immigrant Doctors") are medical doctors who practice in designated medical shortage areas. The Immigrant Doctors seek adjustment to lawful permanent resident ("LPR") status based on their employment. The Immigrant Doctors brought an action against the Secretary of Homeland Security ("Secretary") in federal district court for declaratory and injunctive...

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