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TECLEZGHI v. HOLDER

Nos. 07-70661, 07-71463.

628 F.3d 1055 (2010)

Makda Fessehaie TECLEZGHI, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent. Makda Fessehaie Teclezghi, Petitioner, v. Eric H. Holder Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

January 4, 2010.

Attorney(s) appearing for the Case

Holly Stafford Cooper, Esquire , Amagda Perez, UC Davis Law School Immigration Law Clinic, Davis, CA, for Petitioner.

Richard M. Evans, Esquire , Joan Estelle Smiley, Esquire , Sunah Lee, Virginia Lum, Margaret Anne O'Donnell, U.S. Department of Justice, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Order; Dissent by Judge PREGERSON.

ORDER

Judges Kleinfeld and Duffy voted to deny the petition for rehearing. Judge Fletcher voted to grant the petition for rehearing. Judges Kleinfeld and Duffy recommend denying the petition for rehearing en banc, and Judge Fletcher recommends granting the petition for rehearing en banc.

The full court was advised of the petition for rehearing en banc, and a judge of the court requested a vote on whether to rehear the case en banc. The en banc call failed...

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