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ZIXIANG LI v. KERRY

No. 11-35412.

710 F.3d 995 (2013)

ZIXIANG LI; Jun Li; Jun Guo; Shibao Zhang; Ming Chang, on behalf of themselves as individuals and on behalf of others similarly situated, Plaintiffs-Appellants, v. John F. KERRY, Secretary of State; United States of America; Janet A. Napolitano, Secretary of Department of Homeland Security; Alejandro Mayorkas, Director of Citizenship and Immigration Services; Department of Homeland Security; United States Citizenship and Immigration Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 20, 2013.

Attorney(s) appearing for the Case

Robert Pauw (argued), Robert Harrison Gibbs , Gibbs Houston Pauw, Seattle, WA, for Plaintiffs-Appellants.

Aaron S. Goldsmith (argued), United States Department of Justice, Office of Immigration Litigation, Washington, D.C., Helen J. Brunner , Rebecca Shapiro Cohen , Asst. U.S. Attys., Office of the U.S. Attorney, Seattle, WA, for Defendants-Appellees.

Before: STEPHEN REINHARDT, ANDREW J. KLEINFELD, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

M. SMITH, Circuit Judge:

Plaintiffs-Appellants, certain individuals from China seeking permanent residency in the United States, appeal from the district court's dismissal of their claims under the Immigration and Nationality Act (INA) against federal Defendants-Appellees.1 In their complaint, Plaintiffs allege that Defendants misallocated immigrant visas to eligible applicants...

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