RUIZ-DIAZ v. U.S.

No. 11-35580.

697 F.3d 1119 (2012)

Gabriel RUIZ-DIAZ; Hyun Sook Song; Cindy Lee Marsh; Peter Gillette; Pablo Sandoval; Yuriy Kasyanov; Lelia Tenreyro-Viana; Edgardo Gaston Romero Lacuesta; Rosario Razo Romero; Youn Su Nam; Land of Medicine; Ukrainian Autocephalous Orthodox Church; Seattle Mennonite Church; Saleck Ould Dah Ould Sidine; Harold Michael Carl Lapian, Plaintiffs-Appellants v. UNITED STATES of America; United States Citizenship and Immigration Services; United States Department of Homeland Security; United States Department of Justice; Janet Napolitano, Secretary of Department of Homeland Security; Eric H. Holder Jr., Attorney General; Alejandro Mayorkas, Director of Citizenship and Immigration Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 5, 2012.


Attorney(s) appearing for the Case

Robert Pauw , Seattle, WA, for plaintiffs-appellants Gabriel Ruiz-Diaz, et al.

Melissa S. Leibman , Department of Justice, Washington, DC, for defendants-appellees Unites States of America, et al.

Before: MARY M. SCHROEDER and RONALD M. GOULD, Circuit Judges, and JED S. RAKOFF, Senior District Judge.


OPINION

SCHROEDER, Circuit Judge:

Plaintiffs represent a class of non-citizen religious workers, together with the organizations that employ them, who have been admitted to this country on five-year special immigrant religious worker visas. They challenge a Justice Department regulation governing the process by which religious workers can apply for adjustment of status pursuant to 8 U.S.C. § 1255(a). Under the regulation, 8 C.F.R. § 245.2(a)(2...

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