American-Arab Anti-Discrimination Committee v. Reno

Order; Dissent by Judge O’SCANNLAIN.

*532 ORDER

The members of the panel that decided this case voted unanimously to deny the petition for rehearing and all recommended rejection of the suggestion for rehearing en banc.

The full court was advised of the suggestion for rehearing en bane. An active judge requested a vote on whether to rehear the matter en banc. 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 is denied and the suggestion for rehearing en banc is rejected.

with whom KOZINSKI and KLEINFELD, Circuit Judges, join, dissenting from denial of rehearing en banc:

Congress unambiguously revoked judicial review of deportation proceedings — with but one exception — when it passed, and the President signed into law, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Pub.L. No. 104-208, div. C, 110 Stat. 3009 (1996). Today, the Ninth Circuit nullifies the express intent of the elected branches of our government by carving out yet another exception, one which is neither contemplated nor permitted by the plain language of the statute. In so doing, we are in tension with the two other circuits which have addressed IIRIRA’s jurisdiction-stripping provisions, see Auguste v. Attorney General, 118 F.3d 723 (11th Cir.1997); Ramallo v. Reno, 114 F.3d 1210 (D.C.Cir.1997), as well as a prior decision of this court itself, Duldulao v. INS, 90 F.3d 396 (9th Cir.1996). Because I fear today’s action inflicts mischief on the sound administration of our nation’s immigration laws in the nine western states, I respectfully dissent from the court’s decision not to review this case en banc.

I

In IIRIRA, Congress stated:

8 U.S.C.…