Kazarian

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

POGHOS KAZARIAN, 

Plaintiff-Appellant, No. 07-56774 v. D.C. No.

US CITIZENSHIP AND IMMIGRATION  CV-07-03522-R-E

SERVICES, a Bureau of the

ORDER AND

Department of Homeland Security;

OPINION

JOHN DOES, 1 through 10, Defendants-Appellees.  Appeal from the United States District Court for the Central District of California Manuel L. Real, District Judge, Presiding

Argued and Submitted December 9, 2008—Pasadena, California

Filed March 4, 2010

Before: Harry Pregerson, Dorothy W. Nelson and David R. Thompson, Circuit Judges.

Opinion by Judge D.W. Nelson; Concurrence by Judge Pregerson

3429 3432 KAZARIAN v. USCIS

COUNSEL

Ruben N. Sarkisian, Glendale, California, for plaintiff- appellant Poghos Kazarian.

Craig W. Kuhn and Elizabeth J. Stevens, Office of Immigra- tion Litigation, Department of Justice, Washington, D.C.; for defendant-appellee U.S. Citizenship & Immigration Services.

ORDER

The opinion with dissent filed on September 4, 2009, and published at 580 F.3d 1030 (9th Cir. 2009), is withdrawn and superceded by the opinion filed concurrently…