Santiago v. Rumsfeld

425 F.3d 549 Emiliano SANTIAGO, Petitioner-Appellant, v. Donald H. RUMSFELD, Secretary of Defense; Les Brownlee, Secretary of the United States Department of the Army (Acting); Raymond Byrne, Acting Adjutant General of the Oregon National Guard; David Doran, Captain, Detachment One, Company D, 113 Aviation Unit Commander, Respondents-Appellees. No. 05-35005. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 6, 2005. Filed May 13, 2005. Amended September 28, 2005. Steven Goldberg, Goldberg, Mechanic, Stuart & Gibson, LLP, Portland, OR, for the petitioner-appellant. H. Thomas Byron, III, Attorney, Appellate Staff Civil Division, Department of Justice, Washington, D.C., for the respondents-appellees. Appeal from the United States District Court for the District of Oregon; Owen M. Panner, Senior Judge, Presiding. D.C. No. CV-04-01747-OMP. Before CANBY, TALLMAN, and RAWLINSON, Circuit Judges. ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC AND AMENDED OPINION CANBY, Circuit Judge. ORDER 1 The opinion filed in this case on May 13, 2005, and reported at 407 F.3d 1018 , is amended as follows: 2 At page 1022, right…