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ABEBE v. HOLDER

No. 05-76201.

577 F.3d 1113 (2009)

Yewhalashet ABEBE, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

August 18, 2009.

Attorney(s) appearing for the Case

Robert Bradford Jobe, Esquire, Law Offices of Robert B. Jobe, San Francisco, CA, for Petitioner.

Donald E. Keener, Esquire, Alison Drucker, Esquire, Saul Greenstein, Esquire, Trial, Jennifer Jeanette Keeney, Esquire, Senior Litigation Counsel, U.S. Department of Justice, Washington, DC, for Respondent.

Before: ALEX KOZINSKI, Chief Judge, HARRY PREGERSON, ANDREW J. KLEINFELD, SIDNEY R. THOMAS, BARRY G. SILVERMAN, RONALD M. GOULD, RICHARD C. TALLMAN, RICHARD R. CLIFTON, CONSUELO M. CALLAHAN, CARLOS T. BEA and N. RANDY SMITH, Circuit Judges.

ORDER

The petition for en banc panel rehearing and the petition for full court rehearing en banc are denied. See Fed. R.App. P. 40; Fed. R.App. P. 35; Cir. R. 35-3.

BERZON, Circuit Judge, with whom PREGERSON, REINHARDT, THOMAS, WARDLAW, WILLIAM A. FLETCHER, and PAEZ, Circuit Judges, join, dissenting from denial of full court rehearing:

The en banc majority opinion in this case reverses a thirty year old precedent; does so in answer to a question...

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