David Khalaj v. United States

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 15 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID KHALAJ, et al. No. 20-16607 Plaintiffs-Appellants, D.C. No. 2:17-cv-04802-DJH-CDB v.

UNITED STATES OF AMERICA,

MEMORANDUM *

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding

Argued and Submitted May 14, 2021 Pasadena, California

Before: R. NELSON and LEE, Circuit Judges, and STEIN,** District Judge.

Upon returning to the United States from a vacation abroad, David Khalaj

and his wife, Juliet Youmaran, engaged in an escalating conflict with Customs and

Border Protection officers, culminating in their arrest and brief prosecution under

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Sidney H. Stein, United States District Judge for the Southern District of New York, sitting by designation. Arizona law. The parties disagree on whether the officers attacked a respectful

Khalaj,…