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YITH v. NIELSEN

No. 16-15858.

881 F.3d 1155 (2018)

Seanlim YITH; Seak Leang Yith, Plaintiffs-Appellants, v. Kirstjen NIELSEN, in her Capacity as Secretary for Department of Homeland Security; Leon Rodriguez, in his Capacity as Assistant Secretary for Department of Homeland Security and Director for Citizenship and Immigration Services; Mari-Carmen Jordan, in her Capacity as District Director for Department of Homeland Security and Director for Citizenship and Immigration Services; Jonathan Crawford, in his Capacity as Director of the Fresno Sub-Office of Citizenship and Immigration Services; Jefferson B. Sessions III, Attorney General, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 7, 2018.

Attorney(s) appearing for the Case

Bruce Leichty (argued), Bruce Leichty PC, Escondido, California, for Plaintiffs-Appellants.

Timothy M. Belsan (argued), Senior Litigation Counsel; Jeffrey S. Robins , Assistant Director; William C. Peachey , Director; Audrey B. Hemesath , Assistant United States Attorney; Phillip A. Talbert , United States Attorney; District Court Section, Office of Immigration Litigation, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Before: Milan D. Smith, Jr. and Sandra S. Ikuta, Circuit Judges, and John D. Bates, District Judge.

OPINION

Seanlim and Seak Leang Yith appeal from the district court's dismissal of their complaint requesting adjudication of their naturalization applications pursuant to 8 U.S.C. § 1447(b). Relying on 8 U.S.C. § 1429, the district court concluded that the Yiths were precluded from obtaining any relief because...

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