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CHIANG v. SKEIRIK

No. 08-2105.

582 F.3d 238 (2009)

Wen Y. CHIANG, Plaintiff, Appellant, v. Lynn SKEIRIK, in her official capacity as Director of the National Visa Center; Condoleezza Rice, in her official capacity as Secretary of State; Michael Chertoff, in his official capacity as Secretary of Homeland Security; Brian Ferinden, in his official capacity as Vice General Consul in Guangzhou, China; and the United States of America, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 28, 2009.

Attorney(s) appearing for the Case

Dean Carnahan, for appellant.

Anton P. Giedt, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellees.

Before BOUDIN, SELYA, and DYK, Circuit Judges.

DYK, Circuit Judge.

Wen Y. Chiang ("Chiang") appeals from a district court decision in an immigration case, dismissing his amended complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). We affirm.

I.

We recite the complex and protracted proceedings in the district court only to the extent relevant to the appeal.

Chiang, a U.S. citizen residing in Arlington, Massachusetts, sought a fiancée visa to permit his fianc...

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