the second prong of the Lebrón test is not satisfied in this case. The Red Cross Board of Governors consists of fifty persons. 36 U.S.C. § 5. Eight of the governors are appointed by the President of the United States; the remaining forty-two are selected by local Red Cross chapters and by the Board of Governors itself. 36 U.S.C. § 5. The daily affairs of the Red Cross are not controlled by government officials. Irwin Memorial Blood Bank v. American Nat'l Red Cross, 640 F.2d 1051, 1056 (9th Cir. 1981). Because the government has not retained permanent authority to appoint the majority of the Red Cross governing board, the Red Cross is not a government actor under the Lebrón structural analysis of government chartered corporations. See also American Bankers Mortgage, 75 F.3d at 1409 (<HOLDING>). Similarly, the Red Cross cannot be considered
holding the fourteenth amendment does not apply to the actions of the federal government holding that where the government inter alia retains for itself permanent authority to appoint a majority of the directors of a corporation the corporation is part of the government for purposes of the first amendment holding that the federal home loan mortgage corp did not meet the government entity test because less than onethird of its directors were appointed by the government holding that because the government of puerto rico did not appoint any directors to aeelas board the plaintiffs failed to satisfy the third prong of the lebron test therefore aeela was not a government actor holding that the alien was entitled to performance by the government of its promise that the government would not oppose any of his motions for relief from deportation