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CABACCANG v. U.S. CITIZENSHIP AND IMMIGRATION

No. 09-56089.

627 F.3d 1313 (2010)

Belen CABACCANG; Isidro Cabaccang, Plaintiffs-Appellants, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; David Roark, Director of CIS Texas Service Center; Alejandro Mayorkas, Director of CIS; Janet Napolitano, Secretary of the United States Department of Homeland Security; Eric H. Holder Jr., Attorney General of the United States, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2010.

Attorney(s) appearing for the Case

Daniel P. Hanlon, Hanlon Law Group, Pasadena, CA, for the plaintiffs-appellants.

Gisela A. Westwater, District Court Section, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for the defendants-appellees.

Before: MARY M. SCHROEDER, RICHARD C. TALLMAN and MILAN D. SMITH, JR., Circuit Judges.

OPINION

TALLMAN, Circuit Judge:

We must decide whether a district court may hear an alien's challenge to the government's denial of an application to adjust status when removal proceedings are simultaneously pending against the alien. We hold it may not. Because the alien plaintiffs here are currently in removal proceedings, we vacate the district court's order granting summary judgment to the defendants and remand with instructions to dismiss the action...

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