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KHACHATRYAN v. BLINKEN

No. 18-56359.

4 F.4th 841 (2021)

Aleksan KHACHATRYAN; Daniel Danuns, Plaintiffs-Appellants, v. Antony J. BLINKEN, in his official capacity as U.S. Secretary of State; John J. Sullivan, in his official capacity as U.S. Ambassador to the Russian Federation; Merrick B. Garland, in his official capacity as Attorney General; Alejandro Mayorkas, in his official capacity as Secretary of the Department of Homeland Security; U.S. Department of State; U.S. Department of Homeland Security; U.S. Citizenship and Immigration Services; Does, 1-10, Consular Officers, American Embassy Visa Section at Moscow, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2021.

Attorney(s) appearing for the Case

H. Henry Ezzati , Ezzati Law P.C., Irvine, California, for Plaintiffs-Appellants.

Nicola T. Hanna , United States Attorney; David M. Harris , Chief, Civil Division; Daniel O. Blau , Assistant United States Attorney; United States Attorney's Office, Los Angeles, California; for Defendants-Appellees.

Dissent by Judge Presnell.

OPINION

Plaintiffs-Appellants Aleksan Khachatryan and Daniel Danuns, respectively a Russian citizen and his U.S. citizen adult son, appeal the district court's dismissal of their civil complaint challenging the Government's decision to deny Khachatryan an immigrant visa. Because Khachatryan is an unadmitted and...

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