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HAJRO v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES

Nos. 11-17948, 12-17765.

807 F.3d 1054 (2015)

Mirsad HAJRO; James R. Mayock, Plaintiffs-Appellees, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; T. Diane Cejka, Director, USCIS National Records Center; Rosemary Melville, USCIS District Director of San Francisco; Jeh Johnson, Secretary, Department of Homeland Security; Loretta E. Lynch, Attorney General, Defendants-Appellants. Mirsad Hajro; James R. Mayock, Plaintiffs-Appellees, v. United States Citizenship and Immigration Services; T. Diane Cejka, Director, USCIS National Records Center; Rosemary Melville, USCIS District Director of San Francisco; Jeh Johnson, Secretary, Department of Homeland Security; Loretta E. Lynch, Attorney General, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 23, 2015.

Attorney(s) appearing for the Case

Mark W. Pennak (argued), Appellate Staff Attorney; Leonard Schaitman , Assistant Director; Melinda Haag , United States Attorney; Stuart F. Delery , Assistant Attorney General, Department of Justice, Washington, D.C.; Ila C. Deiss , Assistant United States Attorney, San Francisco, CA, for Defendants-Appellants.

Kip Evan Steinberg (argued), San Rafael, CA; Robert H. Gibbs and Robert Pauw , Gibbs Houston Pauw , Seattle, WA, for Plaintiffs-Appellees.

Russell Abrutyn , Marshal E. Hyman & Associates, Troy, MI; Aaron C. Hall , Joseph Law Firm, P.C., Aurora, CO, for Amicus Curiae American Immigration Lawyers Association.

Opinion by Judge TALLMAN; Partial Concurrence and Partial Dissent by Judge RAWLINSON.

OPINION

United States Citizenship and Immigration Services and federal officer co-defendants (collectively "USCIS") challenge the district court's grant of summary judgment, a permanent injunction, and an attorneys' fees award in favor of Plaintiffs Mirsad Hajro and James R. Mayock. The district court found that...

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