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MEDINA TOVAR v. ZUCHOWSKI

No. 18-35072.

982 F.3d 631 (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, Secretary, Department of Homeland Security; William P. Barr, Attorney General, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2020.

Attorney(s) appearing for the Case

Philip James Smith (argued) and Nicole Hope Nelson , Nelson Smith LLP, Portland, Oregon; Jerome Mayer-Cantú , Oakland, California; 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.

David Priebe and Monica De Lazzari , DLA Piper LLP (US), East Palo Alto, California, for Amicus Curiae ASISTA Immigration Assistance.

Gerard J. Cedrone , Goodwin Procter LLP, Boston, Massachusetts; Brian T. Burgess , Goodwin Procter LLP, Washington, D.C.; for Amicus Curiae American Immigration Lawyers Association, Oregon Chapter.

Dissent by Judge Callahan.

OPINION

Plaintiff Maria Medina Tovar, a native and citizen of Mexico, came to the United States with her family in 1998, at the age of six. When she was twelve, a stranger raped her at knife-point in her home. She cooperated with law enforcement officials and, because of the rape, has suffered substantial trauma...

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