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ELIM CHURCH OF GOD v. HARRIS

No. 12-35029.

722 F.3d 1137 (2013)

ELIM CHURCH OF GOD, Washington State Non-Profit Corporation; Romeo Fulga, Plaintiffs-Appellants, v. Seth D. HARRIS, Acting Secretary of the United States Department of Labor; Alejandro Mayorkas, Director of United States Citizenship and Immigration Services; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2013.

Attorney(s) appearing for the Case

Steven P. Recor , James F. Pleasants (argued), Bellevue, WA, for Plaintiffs-Appellants.

Stuart F. Delery , Acting Assistant Attorney General, Civil Division, Elizabeth J. Stevens , Assistant Director, District Court Section, Office of Immigration Litigation, Aram A. Gavoor (argued), Trial Attorney, District Court Section, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for Defendants-Appellees.

Before SIDNEY R. THOMAS and JACQUELINE H. NGUYEN, Circuit Judges, and RAYMOND J. DEARIE, Senior District Judge.

OPINION

OPINION THOMAS, Circuit Judge:

Sometimes, as Delmore Schwartz and Tolian Soran have observed, "time is the fire in which we burn." The Elim Church of God wanted to employ Romeo Fulga, who was present in the United States on a student visa, as a youth pastor. However, in dreams begin responsibilities and, in order to work at the Church, Fulga was required to obtain an employment-based immigrant visa. As a first step, the Church applied for and received...

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