No. 08-56156.

591 F.3d 1105 (2009)

Alejandro RODRIGUEZ, Petitioner-Appellant, v. James HAYES, Immigration and Customs Enforcement Los Angeles District Field Officer Director; George Molinar, Chief of Detention and Removal Operations, San Pedro Detention Facility; Janet Napolitano, Secretary, Department of Homeland Security; Eric H. Holder Jr., Attorney General; Paul Walters; Lee Baca, Sheriff of Los Angeles County; Sammy Jones, Chief of the Custody Operations Division of the Los Angeles County Sheriff's Department, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2009.

Amended January 4, 2010.

Attorney(s) appearing for the Case

Peter J. Eliasberg and Ahilan T. Arulanantham (argued), American Civil Liberties Union Foundation of Southern California, Los Angeles, CA; Judy Rabinowitz and Cecillia D. Wang, American Civil Liberties Foundation Immigrants' Rights Project, New York, N.Y. and San Francisco, CA; Jayashri Srikantiah, Stanford Law School Immigrants' Rights Clinic, Stanford, CA; and Steven A. Ellis, William Tran, and Brian K. Washington, Sidley Austin LLP, Los Angeles, CA, for the petitioner-appellant.

Gregory G. Katsas, Assistant Attorney General, Civil Division; David J. Kline, Director, District Court Section; Gjon Juncaj (argued), Senior Litigation Counsel; and Nancy N. Safavi, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for the respondents-appellees.



The opinion filed on August 20, 2009 and published at 578 F.3d 1032 (9th Cir.2009) is hereby amended. The amended opinion is filed simultaneously with this order.

With the amendment, the panel has voted to deny the petition for panel rehearing. Judges Fisher and Gould have voted to deny the petition for rehearing en banc and Judge B. Fletcher so recommends.

The full court has been advised of the petition for...

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