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KAWASHIMA v. HOLDER

Nos. 04-74313, 05-74408.

593 F.3d 979 (2010)

Akio KAWASHIMA; Fusako Kawashima, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent. Akio Kawashima; Fusako Kawashima, aka Fusako Nakajima, Petitioners, v. Eric H. Holder, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 27, 2010.

Attorney(s) appearing for the Case

Edward O.C. Ord and Jenny Lin-Alva, Ord & Norman, San Francisco, CA; Thomas J. Whalen, Eckert Seamans Cherin and Mellott, LLC, Washington, DC, for Petitioners.

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

The opinion filed on July 1, 2008, and appearing at 530 F.3d 1111 (9th Cir.2008) is withdrawn. The superseding opinion will be filed concurrently with this order.

The government's "Petition for Rehearing En Banc" is DENIED as moot.

The parties may file new petitions for rehearing or rehearing en banc as provided by Federal Rule of Appellate Procedure 40.

OPINION

O'SCANNLAIN, Circuit Judge...

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