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SANTIAGO v. RUMSFELD

No. 05-35005.

403 F.3d 702 (2005)

Emiliano SANTIAGO, Petitioner-Appellant, v. Donald H. RUMSFELD, Secretary of Defense; Les Brownlee, Secretary of the United States Department of the Army (Acting); Raymond Byrne, Acting Adjutant General of the Oregon National Guard; David Doran, Captain, Detachment One, Company D, 113 Aviation Unit Commander, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Argued, Submitted and Filed April 6, 2005.

Attorney(s) appearing for the Case

Steven Goldberg, Esq., Goldberg, Mechanic, Stuart and Gibson, LLP, Portland, OR, for the appellant.

H. Thomas Byron, III, Department of Justice, Washington, DC, for the appellees.

Before WILLIAM C. CANBY, JR., RICHARD C. TALLMAN, and JOHNNIE B. RAWLINSON, Circuit Judges.

ORDER

The appellant's urgent motion for injunction pending appeal, which seeks to enjoin his deployment to Afghanistan, is DENIED.

The judgment of the District Court is AFFIRMED. An opinion or opinions will follow...

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