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GEBHARDT v. NIELSEN

No. 15-56072.

879 F.3d 980 (2018)

Richard GEBHARDT, Plaintiff-Appellant, v. Kirstjen NIELSEN, Secretary, Department of Homeland Security; L. Francis Cissna, Director, U.S. Citizenship and Immigration Services ("USCIS"); Irene Martin, Field Office Director, San Bernardino Field Office, USCIS; Jean Tharpe, Field Office Director, Vermont Field Office, USCIS; Jefferson B. Sessions III, Attorney General, U.S. Department of Justice, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2018.

Attorney(s) appearing for the Case

Vishwanath Kootala Mohan (argued) and Peter Afrasiabi , One LLP, Newport Beach, California, for Plaintiff-Appellant.

Joshua S. Press (argued), Trial Attorney; Hans H. Chen , Senior Litigation Counsel; William C. Peachey , Director; Chad A. Readler , Acting Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Before: Susan P. Graber and N. Randy Smith, Circuit Judges, and Lee H. Rosenthal, Chief District Judge.

OPINION

Plaintiff Richard Gebhardt, a United States citizen, filed I-130 petitions with the United States Citizenship and Immigration Services ("USCIS"), seeking Legal Permanent Residence ("LPR") status for his non-citizen wife and her three non-citizen children. The Secretary of Homeland Security rejected those...

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