Argued and Submitted October 9, 2002 San Francisco, California.
Opinion by D.W. NELSON; Dissent by Judge BREEZER.
OPINION
D.W. NELSON, Senior Circuit Judge.
Appellants Spencer Enterprises, Inc. ("Spencer"), and Li-Hui Chang brought suit in the district court to challenge the denial of an immigrant investor visa to Chang by the Immigration and Naturalization Service ("INS").
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