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SINGH v. CLINTON

No. 09-15672.

618 F.3d 1085 (2010)

Sukhwinder SINGH; Dharam Singh, Plaintiffs-Appellants, v. Hillary Rodham CLINTON, Secretary of State; Janet Napolitano, Secretary, Department of Homeland Security; Department of Homeland Security; Lynne Skeirik, Director, National Visa Center; Michael S. Owen, U.S. Consul, U.S. Embassy, New Delhi, India, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2010.

Attorney(s) appearing for the Case

Robert B. Jobe (argued), Sara E. Coppin and Sarah B. Castello , San Francisco, CA, for the plaintiffs-appellants.

Tony West , Assistant Attorney General, David J. Kline , Director, District Court Section, Office of Immigration Litigation, Victor M. Lawrence , Principal Assistant Director, Christopher W. Hollis and Melanie Keiper (argued), Trial Attorneys, Washington, D.C., for the defendants-appellees.

Before: KENNETH F. RIPPLE, PAMELA ANN RYMER and RAYMOND C. FISHER, Circuit Judges.

FISHER, Circuit Judge:

This appeal concerns the notice required by statute before the State Department could terminate an immigrant visa registration for failure to file a timely application. Sukhwinder and Dharam Singh (collectively "the Singhs") challenge the termination of Sukhwinder's visa registration. The State Department terminated Sukhwinder's visa registration for failure to apply within one year of notice of eligibility...

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