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AYYOUBI v. HOLDER

No. 12-1297.

712 F.3d 387 (2013)

Salahaddin Mokri AYYOUBI, Plaintiff-Appellant, v. Eric H. HOLDER, Jr., in his official capacity as the Attorney General of the United States; Janet Napolitano, in her official capacity as Secretary of the United States Department of Homeland Security; Alejandro Mayorkas, in his official capacity as Director, U.S. Citizenship and Immigration Services; Marilyn Wiles, in her official capacity as Director of the Nebraska Service Center, U.S. Citizenship and Immigration Services; Donald Neufeld, in his official capacity as Chief of Service Center Operations, U.S. Citizenship and Immigration Services, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 2, 2013.

Attorney(s) appearing for the Case

Rebecca Feldmann , argued, Daniel Elliot Claggett and Kim Allen Murray , on the brief, Saint Louis, MO, for appellant.

Aram A. Gavoor , argued, Civil Division, Office of Immigration Litigation, Elizabeth J. Stevens , Assistant Director, District Court Section, Office of Immigration Litigation, on the brief, Washington DC, for appellee.

Before RILEY, Chief Judge, SMITH and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Salahaddin Ayyoubi, a refugee immigrant, applied to become a lawful permanent resident of the United States. On February 26, 2008, the United States Citizenship and Immigration Services ("USCIS") denied Ayyoubi's application. USCIS found Ayyoubi to be statutorily ineligible for lawful permanent resident status based on the agency's determination that he had supported and received training from the Kurdish Democratic Party of Iran ("KDPI")...

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