O'SCANNLAIN, Circuit Judge:
We must decide whether a state university may classify an alien temporary nonimmigrant visa holder student as a nonresident for tuition purposes.
I
Nicole Carlson, a Canadian citizen, entered the United States in 1996 under a "TD" nonimmigrant visa and has lived in California since that time. Under the terms of the North American Free Trade Agreement ("NAFTA"), a TD visa holder is authorized to enter the United States...
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