Santiago v. Rumsfeld

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

EMILIANO SANTIAGO,  Petitioner-Appellant, v. DONALD H. RUMSFELD, Secretary of Defense; LES BROWNLEE, Secretary No. 05-35005 of the United States Department of the Army (Acting); RAYMOND  D.C. No. CV-04-01747-OMP BYRNE, Acting Adjutant General of ORDER the Oregon National Guard; DAVID DORAN, Captain, Detachment One, Company D, 113 Aviation Unit Commander, Respondents-Appellees.  Appeal from the United States District Court for the District of Oregon Owen M. Panner, Senior Judge, Presiding

Argued and Submitted April 6, 2005—Seattle, Washington

Filed April 6, 2005

Before: William C. Canby, Jr., Richard C. Tallman, and Johnnie B. Rawlinson, Circuit Judges.

COUNSEL

Steven Goldberg, Esq., Goldberg, Mechanic, Stuart and Gib- son, LLP, Portland, Oregon, for the appellant.

4173 4174 SANTIAGO v. RUMSFELD H. Thomas Byron, III, Department of Justice, Washington, DC, for the appellees.

ORDER

The appellant’s urgent motion for injunction pending appeal, which seeks to enjoin his deployment to Afghanistan, is DENIED.

The judgment of the District Court is AFFIRMED. An opinion or opinions will follow in due course. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2005 Thomson/West.