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.

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