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BELLO v. GAYNOR

No. 19-16441.

985 F.3d 696 (2021)

Jose Omar BELLO-Reyes, Petitioner-Appellant, v. Peter T. GAYNOR, Acting Secretary of Homeland Security; Jonathan Fahey, Senior Official Performing the Duties of the Director; Erik Bonnar, Field Office Director, San Francisco Field Office; Jeffrey A. Rosen, Acting Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2021.

Attorney(s) appearing for the Case

Jordan Wells (argued), Ahilan Arulanantham , Stephanie Padilla , and Michael Kaufman , American Civil Liberties Union Foundation of Southern California, Los Angeles, California; Angélica H. Salceda and Vasudha Talla , American Civil Liberties Union Foundation of Northern California, San Francisco, California; for Petitioner-Appellant.

Michael A. Celone (argued), Senior Litigation Counsel; William C. Silvis , Assistant Director; William C. Peachey , Director; Joseph H. Hunt , Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondents-Appellees.

Michael Risher , Law Office of Michael T. Risher, Berkeley, California; Alina Das , Washington Square Legal Services, New York, New York; Nora Benavidez , Director, U.S. Free Expression Programs, PEN America, New York, New York; for Amicus Curiae PEN America.

Before: Sidney R. Thomas, Chief Judge, and Mary M. Schroeder and Marsha S. Berzon, Circuit Judges.

OPINION

This case requires us to consider whether the Supreme Court's recent decision in Nieves v. Bartlett, ___ U.S. ___, 139 S.Ct. 1715, 204 L.Ed.2d 1 (2019), applies to a noncitizen's claim that Immigration and Customs Enforcement ("ICE") unconstitutionally retaliated against him for his speech when revoking...

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