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HAJRO v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES

No. 11-17948, 12-17765.

811 F.3d 1086 (2016)

Mirsad HAJRO; James R. Mayock, Plaintiffs-Appellees, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; T. Diane Cejka, Director, USCIS National Records Center; Rosemary Melville, USCIS District Director of San Francisco; Jeh Johnson, Secretary, Department of Homeland Security; Loretta E. Lynch, Attorney General, Defendants-Appellants. Mirsad Hajro; James R. Mayock, Plaintiffs-Appellees, v. United States Citizenship and Immigration Services; T. Diane Cejka, Director, USCIS National Records Center; Rosemary Melville, USCIS District Director of San Francisco; Jeh Johnson, Secretary, Department of Homeland Security; Loretta E. Lynch, Attorney General, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 23, 2015.

Amended January 19, 2016.

Attorney(s) appearing for the Case

Mark W. Pennak (argued), Appellate Staff Attorney; Leonard Schaitman , Assistant Director; Melinda Haag , United States Attorney; Stuart F. Delery , Assistant Attorney General, Department of Justice, WA, D.C.; Ila C. Deiss , Assistant United States Attorney, San Francisco, CA, for Defendants-Appellants.

Kip Evan Steinberg (argued), San Rafael, CA; Robert H. Gibbs and Robert Pauw , Gibbs Houston Pauw, Seattle, WA, for Plaintiffs-Appellees.

Russell Abrutyn , Marshal E. Hyman & Associates, Troy, MI; Aaron C. Hall , Joseph Law Firm, P.C., Aurora, CO, for Amicus Curiae American Immigration Lawyers Association.

Opinion by Judge TALLMAN; Partial Concurrence and Partial Dissent by Judge RAWLINSON.

ORDER

The panel has voted to amend its previous opinion and issues the following opinion to replace it. With this amendment, Judges Tallman and Murphy have voted to deny the Appellants' petition for panel rehearing; Judge Rawlinson has voted to grant the Appellants' petition for panel rehearing. The Appellants'...

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