THAI v. ASHCROFT

No. 03-35626.

389 F.3d 967 (2004)

Tuan THAI, also known as Anh Tuan Thai, also known as Anh Thai Tuan, Petitioner-Appellee, v. John ASHCROFT, Attorney General, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 24, 2004.


Attorney(s) appearing for the Case

Jay Warren Stansell, Federal Public Defender's Office Western District of Washington, Seattle, WA, for Petitioner-Appellee.

Jacqueline Dryden, Washington, DC, for Respondent-Appellant.

Before HUG, GRABER, and CLIFTON, Circuit Judges.


Order; Dissent by Judge KOZINSKI.

ORDER

The panel has voted to deny the petition for rehearing. Judges Graber and Clifton have voted to deny the petition for rehearing en banc; and Judge Hug so recommends.

A judge of the court called for a vote on the petition for rehearing en banc. A vote was taken, and a majority of the active judges of the court failed to vote for en banc rehearing. Fed. R.App. P. 35(f).

The petition for rehearing and...

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