Pagayon

Pagayon v. Holder

Good Law
675 F.3d 1182
United States Court of Appeals for the Ninth CircuitDecember 8, 201107-74047California3,454 words

Opinion

Opinion

Victor Jih and Victoria Schwartz (argued), O'Melveny & Myers LLP, Los Angeles, California; Jessica Barclay-Strobel (argued), UCLA School of Law Ninth Circuit Clinic, Los, Angeles, CA, for the petitioner.

Michael C. Heyse, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before: ALEX KOZINSKI, Chief Judge, N. RANDY SMITH, Circuit Judge, and FREDERIC BLOCK, District Judge. [*]

The petition for panel rehearing is granted. The Opinion filed June 24, 2011, slip op. 8617, and appearing at 642 F.3d 1226 (9th Cir. 2011), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. A new Opinion denying the petitions for review is being filed concurrently with this Order.

Chief Judge Kozinski and Judge Smith have voted to deny the petition for rehearing en banc, and Judge Block has so recommended. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. See Fed. R.App. P. 35. Accordingly, the petition for rehearing en banc is denied.

No further petitions for rehearing will…

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