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SISSOKO v. ROCHA

Nos. 02-56751, 03-55667.

440 F.3d 1145 (2006)

Oumar SISSOKO; Julie SISSOKO, Plaintiffs-Appellees, v. Loyda R. ROCHA; United States of America, Defendants-Appellants. Oumar Sissoko, an individual; Julie Sissoko, an individual, Plaintiffs-Appellees, v. Alberto R. Gonzales, Attorney General, Attorney General of the United States; U.S. Immigration & Naturalization Service; Doris Meissner, Commissioner, United States Ins; Richard Nmi Rogers, District Director, United States Ins; Four Unknown Named Officers, of the United States Immigration and Naturalization Service; United States; U.S. Public Health Services; Joseph Chen, Md; Unknown Named Employees of the United States Public Health Services, Defendants, and Loyda R. Rocha, Immigration Inspector, United States Ins, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 16, 2006.

Attorney(s) appearing for the Case

Peter D. Keisler, Assistant Attorney General, Debra W. Yang, U.S. Attorney, Robert M. Loeb, and Richard A. Olderman, Civil Division, Appellate Staff, U.S. Department of Justice, Washington, D.C., for the defendants-appellants.

Martin Simone and Helen Wong, Frank, Greenberg, Simone & Stefanski, Los Angeles, CA, for the plaintiffs-appellees.

Before OTTO R. SKOPIL, JR., JOHN T. NOONAN, and MARSHA S. BERZON, Circuit Judges.

BERZON, Circuit Judge.

ORDER

The opinion filed on June 13, 2005 and reported at 412 F.3d 1021 (9th Cir.2005) is hereby withdrawn and replaced by the concurrently-filed opinion. The pending petition for rehearing and rehearing en banc is denied as moot. Further petitions for rehearing and/or rehearing en banc may be filed.

OPINION

After Oumar Sissoko ("Sissoko"), an alien who had over-stayed his visa but...

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