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JILIN PHARMACEUTICAL USA, INC. v. CHERTOFF

No. 05-2788.

447 F.3d 196 (2006)

JILIN PHARMACEUTICAL USA, INC.; Wei Zhao, (File #: A76 104 871) Appellants v. Michael CHERTOFF, Secretary of the United States Department of Homeland Security; Alberto Gonzales, Attorney General of the United States, U.S. Department of Justice; Eduardo Aguirre, Jr., Director of the United States Citizenship and Immigration Services; United States Citizenship and Immigration Services, Bureau of Department of Homeland Security; United States of America.

United States Court of Appeals, Third Circuit.

May 10, 2006.

Attorney(s) appearing for the Case

Isaac Fromm, Martin L. Rothstein, (Argued), Barst & Mukamal, LLP, New York, New York, for Appellants.

Pamela Perron, Office of United States Attorney, Newark, NJ, David V. Bernal, Barry J. Pettinato, (Argued), United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Appellee.

Before RENDELL, SMITH, and ALDISERT, Circuit Judges.

OPINION

ALDISERT, Circuit Judge.

In Soltane v. United States Department of Justice, 381 F.3d 143 (3d Cir.2004), we construed the statute governing the denial of a visa application, 8 U.S.C. § 1153(b)(4), and held that 8 U.S.C. § 1252(a)(2)(B)(ii) did not strip the district court of jurisdiction to review this administrative decision. This appeal by Jilin Pharmaceutical USA, Inc. ("Jilin USA") and...

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