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CHING v. MAYORKAS

No. 11-17041.

725 F.3d 1149 (2013)

Teresita CHING and Brooke Joseph, Plaintiffs-Appellants, v. Alejandro MAYORKAS, Director, U.S. Citizenship & Immigration Services; Robin Barrett, Field Office Director, USCIS San Francisco Office; Janet A. Napolitano, Secretary, U.S. Department of Homeland Security; Eric H. Holder, Jr., Attorney General, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2013.

Attorney(s) appearing for the Case

Sarah B. Castello (argued) and Robert B. Jobe , Law Office of Robert B. Jobe, San Francisco, CA, for Plaintiffs-Appellants.

Ila C. Deiss (argued), Assistant United States Attorney; Melinda Haag , United States Attorney; and Joann Swanson , Chief, Civil Division, United States Attorneys' Office, San Francisco, CA, for Defendants-Appellees.

Before: MARY M. SCHROEDER, SIDNEY R. THOMAS, and BARRY G. SILVERMAN, Circuit Judges.

OPINION

THOMAS, Circuit Judge:

Teresita Ching and her husband, Brooke Joseph, claim that their procedural due process rights and their rights under the Administrative Procedure Act ("APA") were violated during the adjudication of Joseph's I-130 visa petition for an immediate relative. Under the circumstances of this case, we conclude that their rights under the APA were not violated, but their procedural...

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