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PRIVETT v. SECRETARY, DEPT. OF HOMELAND SEC.

No. 16-3243.

865 F.3d 375 (2017)

Joseph PRIVETT, Plaintiff-Appellant, v. SECRETARY, DEPARTMENT OF HOMELAND SECURITY, et al., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 26, 2017.

Attorney(s) appearing for the Case

ARGUED: Nicklaus Misiti , LAW OFFICES OF NICKLAUS MISITI, PLLC, New York, New York, for Appellant. Yamileth G. Davila , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Nicklaus Misiti , LAW OFFICES OF NICKLAUS MISITI, PLLC, New York, New York, for Appellant. Vinita B. Andrapalliyal , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

BOGGS, J., delivered the opinion of the court in which SILER, J., joined, and COLE, C.J., joined in part. COLE, C.J. (p. 384), delivered a separate opinion concurring in part and dissenting in part.

OPINION

In 2013, Joseph Privett sought to bring his spouse, Doris, into the United States by filing an 1-130 immigrant visa petition. Because Privett had been convicted of a sexual offense in 2004, however, the petition implicated the Adam Walsh Child Protection and Safety Act of 2006 ("AWA"), Pub. L. No. 109-248...

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