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BAUTISTA-PEREZ v. HOLDER

No. C 07-4192 TEH.

681 F.Supp.2d 1083 (2009)

Jose BAUTISTA-PEREZ, et al., Plaintiffs, v. Eric H. HOLDER, Jr., Attorney General of the United States, and Janet Napolitano, Secretary of Homeland Security, Defendants.

United States District Court, N.D. California.

May 1, 2009.

Attorney(s) appearing for the Case

Jonathan Myles Kaufman, The Law Offices of Jonathan M. Kaufman, San Francisco, CA, Linda Mary Dardarian, Heather Marie Mills, Rachel Elizabeth Brill, Goldstein, Demchak, Baller, Borgen Dard, Oakland, CA, for Plaintiffs.

Brian A. Mizoguchi, J. Max Weintraub, Jeanne E. Davidson, William J. Howard, U.S. Department of Justice, Washington, DC, Ila Casy Deiss, United States Attorney's Office, San Francisco, CA, for Defendants.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS

THELTON E. HENDERSON, District Judge.

This matter came before the Court on April 6, 2009 on Defendants' Motion to Dismiss. Having carefully considered the parties' written and oral arguments, Defendants' Motion is DENIED for the reasons set forth below.

FACTUAL AND PROCEDURAL BACKGROUND

As this is the second motion to dismiss that this Court has considered, the following factual account...

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