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GUERRIER v. GARLAND

No. 20-70115.

18 F.4th 304 (2021)

Anthony GUERRIER, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2021.

Amended November 9, 2021.

Attorney(s) appearing for the Case

Rajan O. Dhungana (argued), Federal Practice Group, Las Vegas, Nevada, for Petitioner.

Neelam Ihsanullah (argued), Trial Attorney; Anthony C. Payne , Assistant Director; Brian M. Boynton , Acting Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Noor Zafar , Lee Gelernt , and Anand Balakrishnan , American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, New York; Cody Wofsy , American Civil Liberties Union Foundation, Immigrants' Rights Project, San Francisco, California; for Amicus Curiae American Civil Liberties Union.

Brian C. Baran , Reichman Jorgensen Lehman & Feldberg LLP, Washington, D.C.; Kate Falkenstien , Reichman Jorgensen Lehman & Feldberg LLP, Redwood Shores, California; for Amicus Curiae Hever Alberto Mendoza Linares.

Opinion by Judge ROBRENO.

ORDER

The opinion filed August 16, 2021 (Docket Entry No. 45), and reported at 8 F.4th 1066, is amended by the Amended Opinion filed in its place concurrently with this order.

With these amendments, the full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it. Fed. R. App. P. 35. The panel unanimously votes to deny the petition for panel rehearing. Judge M. Smith and Judge Owens vote to deny...

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