Chen

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHONG SHIN CHEN, 

Petitioner, No. 02-73473 v.  Agency No.

A29-554-882

ALBERTO R. GONZALES,* Attorney General, ORDER Respondent.  Filed June 10, 2005

Before: J. Clifford Wallace, Alex Kozinski, and Sidney R. Thomas, Circuit Judges.

Order; Dissent by Judge Bea

ORDER

Judges Kozinski and Thomas have voted to deny the peti- tion for rehearing. Judge Wallace has voted to grant the peti- tion for rehearing. A judge of the Court sua sponte requested a vote on whether to rehear the case en banc. A vote was taken on the request, and it failed to receive a majority of the votes of the nonrecused active judges in favor of en banc con- sideration. Fed. R. App. P. 35.

The petition for panel rehearing is DENIED.

*Alberto R. Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States, pursuant to Fed. R. App. P. 43(c)(2).

6785 6786 CHEN v. GONZALES BEA, joined by O’SCANNLAIN and KLEINFELD, Circuit Judges, dissenting from denial of rehearing en banc:

In this case,…