Tchoukhrova

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

VICTORIA TCHOUKHROVA; DMITRI 

TCHOUKHROV; EVGUENI

No. 03-71129

TCHOUKHROV,

Petitioners, Agency Nos. v.  A75-772-599

A75-772-600

ALBERTO R. GONZALES, Attorney A75-772-601 General; TOM RIDGE, Secretary of

ORDER

Homeland Security, Respondents.  Filed December 5, 2005

Before: Stephen Reinhardt, A. Wallace Tashima, and Kim McLane Wardlaw, Circuit Judges.

Order; Dissent by Judge Kozinski

ORDER

The panel has voted to deny the petition for panel rehearing and petition for rehearing en banc.

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

The petition for rehearing en banc is DENIED.

15623 15624 TCHOUKHROVA v. GONZALES KOZINSKI, Circuit Judge, with whom Judges

O’SCANNLAIN, TALLMAN, RAWLINSON, BYBEE,

CALLAHAN and BEA join, dissenting from denial of rehear- ing en banc:

This case presents a…