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U.S. v. HOVSEPIAN

Nos. 99-50041, 01-55247, 99-56922, 00-55320.

307 F.3d 922 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Viken HOVSEPIAN; Viken Yacoubian, Defendants-Appellees. Viken Hovsepian, Plaintiff-Appellee, v. United States of America; United States Immigration and Naturalization Service, Defendants-Appellants. Viken Hovsepian; Viken Yacoubian, Plaintiffs-Appellees, v. United States of America; United States Immigration and Naturalization Service, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Deferred February 15, 2001.

Reargued and Submitted December 11, 2001.

Filed September 30, 2002.

Attorney(s) appearing for the Case

Jean Rosenbluth, Assistant United States Attorney, Los Angeles, CA, argued the cause for the appellant. Alejandro N. Mayorkas, United States Attorney; John S. Gordon, United States Attorney; Ronald L. Cheng, Acting Assistant United States Attorney; Lawrence E. Kole, Assistant United States 15240 Attorney; Los Angeles, CA, were on the briefs for the appellant.

Barrett S. Litt, Litt & Associates, Los Angeles, CA, argued the cause for appellee Viken Hovsepian.

Michael J. Lightfoot, Talcott, Lightfoot, Vandevelde, Sadowsky, Medvene & Levine, Los Angeles, CA, argued the cause for appellee Viken Yacoubian. Paul J. Estuar, James H. Locklin and Mathew L. Millen were on the briefs for the appellees.

Before D.W. NELSON, O'SCANNLAIN, and KLEINFELD, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge.

Among other issues, we must decide whether a federal district court may grant citizenship to resident aliens whose applications were rejected by the Immigration and Naturalization Service in part because of their past terrorist activities.

I

In November 1999, during the pendency of various civil and criminal proceedings arising out of challenges to earlier convictions, the district court naturalized Viken...

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