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LI v. ASHCROFT

No. 02-72689.

396 F.3d 1073 (2005)

Chun He LI, Petitioner v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 2005.

Attorney(s) appearing for the Case

Bruno J. Bembi, Esq., Hempstead, NY, for Petitioner.

Regional Counsel, Laguna Niguel, CA, Ronald E. Lefevre, Chief Legal Officer, San Francisco, CA, Norah Ascoli Schwarz, Esq., Washington, DC, Cindy S. Ferrier, Los Angeles, CA, David V. Bernal, Attorney, Ernesto H. Molina, Jr., Earle B. Wilson, Esq., Washington, DC, for Respondent.

Before: FARRIS, NOONAN, and RAWLINSON, Circuit Judges.

Dissent by Judge HAWKINS.

ORDER

A judge sua sponte called for rehearing en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35(b). Accordingly, the sua sponte call for rehearing en banc is rejected.

The mandate shall issue in due course.

MICHAEL DALY HAWKINS, Circuit Judge, with whom Judges PREGERSON, THOMAS and PAEZ join, Dissenting from the Order...

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