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BRAZIL QUALITY STONES, INC. v. CHERTOFF

No. 06-55879.

531 F.3d 1063 (2008)

BRAZIL QUALITY STONES, INC., a California Corporation; Eugenio Tavaresdos Santos, Plaintiffs-Appellants, v. Michael CHERTOFF, Secretary, United States Department of Homeland Security; Department of Homeland Security; United States Citizenship and Immigration Services; Eduardo Aguirre, Jr., Director, United States Citizenship and Immigration Services; Donald W. Neufeld, Center Director, California Service Center of the United States Citizenship and Immigration Service; Christine Poulos, Acting Director, California Service Center of the United States Citizenship and Immigration Services; Michael B. Mukasey, Attorney General, United States Department of Justice; Robert P. Wiemann, Director, Administrative Appeals Office; Department of Homeland Security Administrative Appeals Office, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2008.

Attorney(s) appearing for the Case

Angelo A. Paparelli, Paparelli & Partners LLP, Irvine, CA, argued the cause for the plaintiffs-appellants and filed briefs; Debi Gloria, Paparelli & Partners LLP, Irvine, CA, was on the opening brief.

Thomas K. Buck, Assistant United States Attorney, Los Angeles, CA, argued the cause for the defendants-appellees and filed a brief; Leon W. Weidman, Assistant United States Attorney, Chief, Civil Division, and George S. Cardona, Acting United States Attorney, Los Angeles, CA, were on the brief.

Before: ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN, and W. FLETCHER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether the United States Bureau of Citizenship and Immigration Services abused its discretion in denying a small corporation's petition to extend the visa of its Brazilian President and Chief Executive Officer.

I

Eugene Tavares dos Santos is a Brazilian citizen who has served as the President and Chief Executive Officer ("CEO") of a Brazilian corporation known as Granite Ebenezer since the corporation's...

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