Blajro

concurring in part and dissenting in part:

I agree with the majority that we have jurisdiction to review the summary judgment order and, although it is an extremely close question, I ultimately agree that the government’s premature appeal did not preserve its challenge to entry of the permanent injunction.

I also have no quarrel with the majority’s conclusion that the jurisdictional rule announced in Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375 , 114 S.Ct. 1673 , 128 L.Ed.2d 391 (1994) applies retroactively to the 1992 Settlement Agreement. Because the district court did not retain jurisdiction over the Settlement Agreement or incorporate the agreement into the final judgment, the district court lacked jurisdiction to enforce the agreement under the doctrine of ancillary jurisdiction. See id. at 380-81 , 114 S.Ct. 1673 . Having determined the lack of jurisdiction on that basis, I see no need to wade into the sovereign immunity issue. Finally, I agree that Mir-sad Hajro lost standing to bring a pattern or practice claim once he was granted citizenship.

The only issue on which I part company with the majority is the issue of James Mayock’s standing to bring a claim under the…

Opinion by Judge TALLMAN; Partial Concurrence and Partial Dissent by Judge RAWLINSON.

ORDER

The panel has voted to amend its previous opinion and issues the following opinion to replace it. With this amendment, Judges Tallman and Murphy have voted to deny the Appellants’ petition for panel rehearing; Judge Rawlinson has voted to grant the Appellants’ petition for panel rehearing. The Appellants’ petition for panel rehearing is DENIED.

The panel has voted to deny the Appel-lees’ petition for panel rehearing; Judges Tallman and Rawlinson have voted to deny the petition for rehearing en banc and Judge Murphy so recommends. Appel-lees’ petition for rehearing and petition for rehearing en banc are DENIED.

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. Fed. R.App. P. 35.

No further petitions for rehearing or petitions for rehearing en banc will be entertained.

OPINION

United States Citizenship and Immigration Services and federal officer co-defendants (collectively “USCIS”) challenge the district court’s grant of summary judgment, a. permanent injunction, and an attorneys’ fees award…