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ESPINOZA-GUTIERREZ v. SMITH

No. 95-35409.

109 F.3d 551 (1997)

Gabriel ESPINOZA-GUTIERREZ, Petitioner-Appellant, v. Richard C. SMITH, District Director, Immigration and Naturalization Service, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

March 18, 1997.

Order; Dissent by Judge KOZINSKI

ORDER DENYING PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC AND DISSENT

The panel has unanimously voted to deny appellee's petition for rehearing. A judge called for a vote on the suggestion for rehearing en banc, but the suggestion failed to obtain the votes of a majority of the active judges.

The petition for rehearing is therefore DENIED and the suggestion for rehearing en banc is REJECTED.

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