Miguel Tejeda-Mata v. Immigration and Naturalization Service
Opinion
ORDER
Before CHOY and FERGUSON, Circuit Judges, and BARTELS, District Judge.
Appellant petitioned for a rehearing of this case and suggested that it be reheard en banc. By order filed on February 18, 1981, a majority of the full court ordered a rehearing en banc pursuant to this court’s Rule 25, withdrawing the original three-judge panel assignment of this case.
By order filed on September 22,1981, the en banc court returned this case to the original three-judge panel on the ground that the order of February 18, 1981 had been improvidently entered.
The three-judge panel now denies appellant’s petition for rehearing and reinstates its majority opinion and dissenting opinion filed herein on August 29, 1980 and reported in 626 F.2d 721 .
The mandate shall issue forthwith.
The Honorable John R. Bartels, United States District Judge for the Eastern District of New York, sitting by designation.