Ledezma-Galicia

Stephen W. Manning and Jessica M. Boell, Immigrant Law Group, LLP, Portland, OR, for the petitioner/petitioner-appellant.

Peter D. Keisler, Assistant Attorney General, Civil Division, and David V. Bernal, Assistant Director, Ernesto H. Molina, Jr., Senior Litigation Counsel, and Leslie McKay, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent/respondent-appellee.

Before: STEPHEN REINHARDT, MARSHA S. BERZON, and JAY S. BYBEE, Circuit Judges.

Opinion by Judge BERZON; Dissent by Judge BYBEE.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc reconsideration. See Fed. R.App. P. 35.

The panel has voted to amend its opinion. The majority and dissenting opinions published at 599 F.3d 1055 are superseded in full by the amended opinions filed concurrently with this order. With those amendments, the petition for rehearing en banc is DENIED.

No future petitions for rehearing or rehearing en banc will be entertained.

BERZON, Circuit…