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LOPEZ-RODRIGUEZ v. HOLDER

No. 06-70868.

560 F.3d 1098 (2009)

Luz LOPEZ-RODRIGUEZ; Fabiola Gastelum-Lopez, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

March 27, 2009.

Attorney(s) appearing for the Case

Kimberly Sue Greer, Morrison & Foerster LLP, San Diego, CA, for Petitioners.

Richard M. Evans, Esquire, Assistant Director, Donald E. Keener, Esquire, Aviva Poczter, Senior Litigation Counsel, Patricia Ann Smith, Senior Litigation Counsel, Andrew C. Maclachlan, U.S. Department Of Justice, Oil, Washington, Dc, Ronald E. LeFevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: WILLIAM C. CANBY, JR. and JAY S. BYBEE, Circuit Judges, and JUSTIN L. QUACKENBUSH, Senior District Judge.

ORDER

Judge Bybee has voted to grant the petition for rehearing en banc. Judges Canby and Quackenbush have recommended denial of en banc rehearing.

The petition for en banc rehearing has been circulated to the full court. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed R...

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