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SISSOKO v. ROCHA

Nos. 02-56751, 03-55667.

509 F.3d 947 (2007)

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. Michael B. Mukasey, Attorney General of the United States; U.S. Immigration & Naturalization Service; Doris Meissner, formerly Commissioner, United States INS; Richard 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 November 15, 2007.

Attorney(s) appearing for the Case

Robert M. Loeb, Richard A. Olderman and Anne Murphy, Civil Division, Appellate Staff, U.S. Department of Justice, Washington, DC, for the defendants-appellants.

Martin Simone, Leonard M. Roos 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.

Opinion by Judge BERZON; Partial Concurrence and Partial Dissent by Judge SKOPIL.

ORDER

The opinion filed on March 16, 2006 is hereby withdrawn and replaced by this concurrently filed opinion. The petition for rehearing en banc is denied as moot.

OPINION

BERZON, Circuit Judge:

The factual and procedural background of these appeals is set out in our now-withdrawn opinion. See Sissoko v. Rocha, 440 F.3d 1145...

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