No. 04-1473.

436 F.3d 11 (2006)

Ramiro FERNANDES PEREIRA, Petitioner, Appellant, v. Alberto GONZALES, Attorney General, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

January 23, 2006.

Attorney(s) appearing for the Case

Randy Olen, Providence, RI, for Petitioner-Appellant.

Robin E. Feder, U.S. Attorney's Office, Providence, RI, for Respondents-Appellees.

Before BOUDIN, Chief Judge, TORRUELLA and SELYA, Circuit Judges, CAMPBELL and CYR, Senior Circuit Judges, LYNCH, LIPEZ, and HOWARD, Circuit Judges.

The petition for rehearing having been denied by the panel of judges who decided the case, and the petition for rehearing en banc having been submitted to the active judges of this court and a majority of the judges not having voted that the case be heard en banc, it is ordered that the petition for rehearing and the petition for rehearing en banc be denied.

LIPEZ, Circuit Judge, dissenting.

I respectfully dissent from the denial of en banc review. This case...

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