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SPENCER ENTERPRISES, INC. v. U.S.

No. 01-16391.

345 F.3d 683 (2003)

Spencer Enterprises, Inc.; Li-Hui Chang, Plaintiffs-Appellants, and Chung-Chuan Sun; Jerry Chien-Hua Raan; Ping Fu Lu, Plaintiffs, v. UNITED STATES of America; UNITED STATES Department of Justice; Immigration and Naturalization Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 17, 2003.

Attorney(s) appearing for the Case

H. Ronald Klasko, Dechert, Philadelphia, Pennsylvania, for the plaintiffs-appellants.

Nelda C. Reyna, United States Department of Justice, Washington, D.C., for the defendants-appellees.

Before: Dorothy W. Nelson, Robert R. Beezer and Kim McLane Wardlaw, Circuit Judges.

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").1 In applying for the visa, Chang had...

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