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ALLEN v. MILAS

No. 16-15728.

896 F.3d 1094 (2018)

Jerrid ALLEN, Plaintiff-Appellant, v. Kevin C. MILAS, Consul General, U.S. Consulate, Frankfurt, Germany; Charles J. Wintheiser, Consular Section Chief, U.S. Consulate, Frankfurt, Germany; Kirstjen M. Nielsen, Secretary, U.S. Department of Homeland Security; L. Francis Cissna, Director, U.S. Citizenship and Immigration Services; Mike Pompeo, U.S. Secretary of State, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2018.

Attorney(s) appearing for the Case

Anna Benvenue (argued) and Robert Jobe , Law Office of Robert B. Jobe, San Francisco, California, for Plaintiff-Appellant.

Audrey Hemesath (argued), Assistant United States Attorney; Phillip A. Talbert , United States Attorney; United States Attorney's Office, Sacramento, California; for Defendants-Appellees.

Before: A. Wallace Tashima and Jay S. Bybee, Circuit Judges, and Matthew Frederick Leitman, District Judge.

OPINION

Jerrid Allen petitions under the Administrative Procedure Act (APA), 5 U.S.C. § 551 et seq., for review of a decision by the U.S. Consulate in Frankfurt, Germany to deny a visa to his wife. Allen claims that the consular officer committed legal error...

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