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FOGO DE CHAO (HOLDINGS) v. DEPT. OF HOMELAND SEC.

No. 13-5301.

769 F.3d 1127 (2014)

FOGO DE CHAO (HOLDINGS) INC., Appellant v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided October 21, 2014.

Attorney(s) appearing for the Case

Carl W. Hampe argued the cause for appellant. With him on the brief was Steve Chasin.

Gisela A. Westwater , Senior Litigation Counsel, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Stuart F. Delery , Assistant Attorney General, and Aram A. Gavoor , Trial Attorney. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Dissenting opinion filed by Circuit Judge KAVANAUGH.

MILLETT, Circuit Judge:

Fogo de Chao (Holdings), Inc., operates numerous Brazilian steakhouse restaurants, known as churrascarias, in Brazil and the United States. According to Fogo de Chao, a critical component of its success has been the employment in each of its restaurants of genuine gaucho chefs, known as churrasqueiros, who have been raised and trained in the particular culinary and festive traditions of traditional barbecues in the Rio Grande...

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