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AVILEZ v. GARLAND

No. 20-16142.

69 F.4th 525 (2022)

Lexis Hernandez AVILEZ, Petitioner-Appellee, v. Merrick B. GARLAND, Attorney General; Alejandro N. Mayorkas, in his official capacity; Tae D. Johnson, in his official capacity; David W. Jennings, Respondents-Appellants, and Wendell Anderson, in his official capacity, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2022.

Amended June 6, 2023.

Attorney(s) appearing for the Case

Sarah S. Wilson (argued), Senior Litigation Counsel; Ernesto Molina , Deputy Director, Office of Immigration Litigation; Brian Boynton , Acting Assistant Attorney General, Civil Division; United States Department of Justice; Washington, D.C.; for Respondents-Appellants.

Judah Lakin (argued), and Amalia Wille , Lakin & Wille LLP, Oakland, California; Hector A. Vega and Genna Ellis Beier , San Francisco Public Defender's Office, San Francisco, California; for Petitioner-Appellee.

Concurrence by Judge Bea.

ORDER

The Opinion filed September 8, 2022, and published at 48 F.4th 915 (9th Cir. 2022), is hereby amended. An amended opinion is filed herewith.

The full court has been advised of the suggestion for rehearing en banc, and no judge has requested a vote. Fed. R. App. P. 35. The petition for rehearing en banc is DENIED (Doc. 55). No further petitions for rehearing or rehearing en banc will be entertained.

AMENDED OPINION

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