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RIVAS v. NAPOLITANO

No. 09-56843.

677 F.3d 849 (2012)

Hilario RIVAS, Plaintiff-Appellant, v. Janet NAPOLITANO, Director, U.S. Department of Homeland Security; Michael Aytes, Acting Director of U.S. Citizenship and Immigration Services; David Douglas, USCIS Los Angeles Field Office Director, Los Angeles District Office USCIS; Eric H. Holder, Jr., U.S. Attorney General; Hillary Rodham Clinton, U.S. Department of State; Raymond McGarth, U.S. Consul General for Ciudad Juarez, Mexico, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed and Submitted April 25, 2012.

Attorney(s) appearing for the Case

Brian D. Lerner and Christopher A. Reed , Law Offices of Brian D. Lerner, APC, Long Beach, CA, for the plaintiff-appellant.

Scott M. Marconda , Office of Immigration Litigation, District Court Section, U.S. Department of Justice, Washington, D.C., for the defendants-appellees.

Opinion by Judge PREGERSON; Partial Concurrence and Partial Dissent by Judge BEA.

OPINION

PREGERSON, Circuit Judge:

Hilario Alfonso Rivas ("Rivas") and his daughter Lorena Rivas appeal the district court's order granting Defendants' motion to dismiss for lack of subject matter jurisdiction. Rivas submitted an application for an immigrant visa based on an approved I-130 petition filed by his daughter. The United States Consulate in Ciudad Juarez, Mexico, denied Rivas's immigrant visa application. Rivas moved the district court for an order...

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