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TOVAR v. ZUCHOWSKI

No. 18-35072.

947 F.3d 606 (2020)

Maria Del Carmen Medina TOVAR; Adrian Jovan Alonso Martinez, Plaintiffs-Appellants, v. Laura B. ZUCHOWSKI, Director, Vermont Service Center, United States Citizenship and Immigration Services; Chad F. Wolf, Acting Secretary, Department of Homeland Security; William P. Barr, Attorney General, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 17, 2020.

Attorney(s) appearing for the Case

Philip James Smith (argued), Nelson Smith LLP, Portland, Oregon, for Plaintiffs-Appellants.

Aaron S. Goldsmith (argued), Senior Litigation Counsel; Jeffrey S. Robins , Assistant Director; William C. Peachey , Director; District Court Section, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Dissent by Judge Watford

OPINION

The United States Citizenship & Immigration Service ("USCIS") permissibly construed the statutory phrase "accompanying, or following to join" in 8 U.S.C. § 1101(a)(15)(U)(ii) when it adopted its regulation, 8 C.F.R. § 214.14(f)(4), requiring that...

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