ZAYN AL-ABIDIN HUSAYN V. USA, No. 18-35218 (9th Cir. 2022)

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This opinion or order relates to an opinion or order originally issued on September 18, 2019.

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ZAYN AL-ABIDIN MUHAMMAD HUSAYN; JOSEPH MARGULIES, Petitioners-Appellants, v. JAMES ELMER MITCHELL; JOHN JESSEN, Respondents, No. 18-35218 D.C. No. 2:17-cv-00171JLQ ORDER UNITED STATES OF AMERICA, Intervenor-Appellee. On Remand from the United States Supreme Court Filed April 25, 2022 Before: Richard A. Paez, Circuit Judge, and Dean D. Pregerson, * District Judge. Order * The Honorable Dean D. Pregerson, United States District Judge for the Central District of California, sitting by designation. 2 HUSAYN V. UNITED STATES COUNSEL David F. Klein and John Chamberlain, Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C.; Jerry Moberg, Jerry Moberg & Associates, Ephrata, Washington; for PetitionersAppellants. H. Thomas Byron III and Catherine H. Dorsey, Appellate Staff; Joseph H. Harrington, United States Attorney; Civil Division, United States Department of Justice, Washington, D.C.; for Intervenor-Appellee. ORDER On March 3, 2022, the Supreme Court issued its opinion in this case, reversing our prior judgment in Husayn v. Mitchell, 938 F.3d 1123 (9th Cir. 2019). See United States v. Zubaydah, 142 S. Ct. 959 (2022). As directed by the Supreme Court, the district court’s judgment dismissing Petitioner-Appellants’ application for discovery under 28 U.S.C. § 1782 is AFFIRMED.

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