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KAWASHIMA v. MUKASEY

Nos. 04-74313, 05-74408.

530 F.3d 1111 (2008)

Akio KAWASHIMA; Fusako Kawashima, Petitioners, v. Michael B. MUKASEY, Attorney General, Respondent. Akio Kawashima; Fusako Kawashima, aka Fusako Nakajima, Petitioners, v. Michael B. Mukasey, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2008.

Attorney(s) appearing for the Case

Edward O.C. Ord and Jenny C. Lin-Alva, Ord & Norman, San Francisco, CA; Judith L. Wood, Law Offices of Judith L. Wood, Los Angeles, CA, argued the cause for the petitioner, and filed briefs; Todd Beacraft, Law Offices of Judith L. Wood, Los Angeles, CA, was on the briefs.

Nancy Freedman, Office of Immigration Litigation, Washington, DC, argued the cause for the respondents; Peter D. Keisler, Assistant Attorney General, Civil Division, M. Jocelyn Lopez Wright, Assistant Director, and James A. Hunolt, Senior Litigation Counsel, Office of Immigration Litigation, Washington, DC, were on the brief.

Before: DIARMUID F. O'SCANNLAIN, EDWARD LEAVY, and CONSUELO M. CALLAHAN, Circuit Judges.

ORDER

Petitioner's "Amended Petition for Rehearing With a Suggestion for an En Banc Hearing" is GRANTED. The opinion filed on September 18, 2007, and appearing at 503 F.3d 997 (9th Cir.2007) is withdrawn. The superseding opinion will be filed concurrently with this order.

Petitioner's "Motion For Leave to File a Response to the Reply of the United States to the Appellant's Amended Petition for Rehearing" is DENIED as moot...

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