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RIVAS v. NAPOLITANO

No. 09-56843.

714 F.3d 1108 (2013)

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., Attorney General, U.S. Attorney General; John F. Kerry, 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 April 25, 2012.

Amended March 28, 2013.

Attorney(s) appearing for the Case

Brian D. Lerner and Christopher A. Reed , Law Offices of Brian D. Lerner, APC, Long Beach, CA, for Plaintiff-Appellant.

Scott M. Marconda , Office of Immigration Litigation, District Court Section, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

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

ORDER

The opinion for Rivas v. Napolitano, 677 F.3d 849 (9th Cir.2012), filed on April 25, 2012, is amended as follows at page 851, column A, lines 7-9:

Remove <the government denies a visa without a "facially legitimate and bona fide reason.">

Insert in its place <"a U.S. citizen's constitutional rights are alleged to have been violated by the denial...

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