Rosas-Castaneda
Rosas-Castaneda v. Holder
Opinion
Opinion
SILVERMAN., J.
John M. DeStefano, III (argued), Snell & Wilmer, L.L.P., Phoenix, AZ, for the petitioner.
Tony West, Assistant Attorney General; Linda S. Wernery, Assistant Director; James E. Grimes (argued), Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, D.C., for the respondent.
Before: ROBERT E. COWEN, [*] A. WALLACE TASHIMA, and BARRY G. SILVERMAN, Circuit Judges.
Order; Dissent to Order by Chief Judge KOZINSKI; Opinion by Judge SILVERMAN.
The opinion filed on January 4, 2011, and published at 630 F.3d 881 (9th Cir. 2011) is amended as follows:
With the opinion as amended, the panel has voted to deny the petition for rehearing. Judge Silverman has voted to deny the petition for rehearing en banc, and Judges Cowen and Tashima have so recommended. 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, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35. The petition for rehearing en banc is denied.