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L.A. CLOSEOUT, INC. v. DEPARTMENT OF HOMELAND SEC.

No. 06-56084.

513 F.3d 940 (2008)

L.A. CLOSEOUT, INC., d/b/a Gametronics; Johansen Grospe, Plaintiffs-Appellants, v. DEPARTMENT OF HOMELAND SECURITY; Citizenship & Immigration Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 18, 2008.

Attorney(s) appearing for the Case

Wade J. Chernick, Law Office of Wade J. Chernick, Encino, CA, for the plaintiffs-appellants.

Carla A. Ford, Assistant United States Attorney, Los Angeles, CA, for the defendants-appellees.

Before: HARRY PREGERSON, JOHN T. NOONAN, and STEPHEN S. TROTT, Circuit Judges,

PER CURIAM:

L.A. Closeout and Johansen Grospe appeal the district court's decision affirming U.S. Citizenship and Immigration Services' ("CIS") denial of Grospe's adjustment of status application. Grospe wished to adjust his, status from a B-2 tourist visa to an H-1B visa for specialty occupation workers. Appellants first claim that CIS's use of an internal memorandum (the "Pearson memorandum") interpreting 8 C.F.R. § 248.1 violated the notice and comment requirements...

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