Poland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES R. POLAND, 

Plaintiff-Appellee, v. No. 05-35508 MICHAEL CHERTOFF, Secretary of  D.C. No. the Department of Homeland CV-02-01660-AJB Security, Defendant-Appellant. 

JAMES R. POLAND, 

Plaintiff-Appellee, v. MICHAEL CHERTOFF, Secretary of No. 05-35779 the Department of Homeland Security,  D.C. No.

CV-02-01660-AJB

Defendant-Appellant,

OPINION

and PAUL O’NEILL, Secretary of Treasury, Defendant.  Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding

Argued and Submitted March 8, 2007 Submission Vacated March 13, 2007 Resubmitted April 20, 2007 Portland, Oregon 8817 8818 POLAND v. CHERTOFF Filed July 20, 2007

Before: Ronald M. Gould, Richard A. Paez, and Johnnie B. Rawlinson, Circuit Judges.

Opinion by Judge Gould; Partial Concurrence and Partial Dissent by Judge Paez POLAND v. CHERTOFF 8821

COUNSEL

Peter D. Keisler, Assistant Attorney General, Karin J. Immer-…