Planes

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL ANGELO SAMONTE PLANES, 

Petitioner, No. 07-70730 v.  Agency No.

A037-329-028

ERIC H. HOLDER Jr., Attorney General, ORDER Respondent.  Filed June 5, 2012

Before: Harry Pregerson, Consuelo M. Callahan, and Sandra S. Ikuta, Circuit Judges.

Order; Concurrence by Judge Ikuta; Dissent by Judge Reinhardt

ORDER

The panel has voted to deny Petitioner’s Petition for Panel Rehearing En Banc. Judges Callahan and Ikuta have voted to deny the en banc petition. Judge Pregerson has voted to grant the en banc petition.

A judge of this court called for this case to be reheard en banc. A vote was taken, and a majority of the active judges of the court did not vote for a rehearing en banc. Fed. R. App. 35(f).

The petition for rehearing en banc is therefore DENIED.

6275 6276 PLANES v. HOLDER IKUTA, Circuit Judge, with whom O’SCANNLAIN, CALLAHAN, and BEA, Circuit Judges, join, concurring in the denial of rehearing en banc:

The dissent from the denial of rehearing en banc neglects a salient point: Every circuit that has given a…