Akio KAWASHIMA; Fusako Kawashima, Petitioners,
v.
Eric H. HOLDER Jr., Attorney General, Respondent.
Akio Kawashima; Fusako Kawashima, aka Fusako Nakajima, Petitioners,
v.
Eric H. Holder Jr., Attorney General, Respondent.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 8, 2007.
Opinion Filed September 18, 2007.
Opinion Withdrawn; New Opinion Filed July 1, 2008.
Opinion Withdrawn; New Opinion Filed January 27, 2010.
Opinion Withdrawn; New Opinion Filed August 4, 2010.
Attorney(s) appearing for the Case
Jenny C. Lin-Alva, and Edward O.C. Ord, Ord & Norman, San Francisco, CA, filed a supplemental brief on behalf of the petitioners. Thomas J. Whalen, Eckert Seamans Cherin & Mellott, Washington, D.C., was also on the brief.
Nancy Freedman, Office of Immigration Litigation, Washington D.C., argued the cause for the respondent. Peter D. Keisler, Assistant Attorney General, Civil Division, Washington, D.C., M. Jocelyn Lopez Wright, Assistant Director, Office of Immigration Litigation, and James A. Hunolt, Senior Litigation Counsel, Office of Immigration Litigation, were also on the brief.
Jennifer J. Keeney, Senior Litigation Counsel, Office of Immigration Litigation, Washington, D.C., filed a supplemental brief on behalf of the respondent. Tony West, Assistant Attorney General, Civil Division, Washington, D.C., and Donald E. Keener, Deputy Director, Office of Immigration Litigation, were also on the brief.
Stephen W. Manning, American Immigration Lawyers Association, Portland, OR, filed a brief on behalf of amicus curiae the American Immigration Lawyers Association and in support of the petitioners' supplemental brief. Jessica M. Boell, American Immigration Lawyers Association, Jennifer M. Rotman, American Immigration Lawyers Association, and Andrew Knapp, American Immigration Lawyers Association, were also on the brief.
Jenny C. Lin-Alva, Ord & Norman, LLC, San Francisco, CA, filed a petition for rehearing with a suggestion for rehearing and a reply on behalf of the petitioners. Edward O.C. Ord, Ord & Norman, LLC, Thomas J. Whalen, Eckert Seamans Cherin & Mellott, Washington, D.C., and Mark Johnston, Eckert Seamans Cherin & Mellott, were also on the petition and the reply.
Jennifer J. Keeney, Senior Litigation Counsel, Office of Immigration Litigation, Washington, D.C., filed a brief opposing rehearing on behalf of the respondent. Tony West, Assistant Attorney General, Civil Division, Washington, D.C., Donald E. Keener, Deputy Director, Office of Immigration Litigation, Matthew B. George, Trial Attorney, Office of Immigration Litigation, and Katherine A. Smith, Trial Attorney, Office of Immigration Litigation, were also on the brief.
Dissent to Order by Judge GRABER; Opinion by Judge O'SCANNLAIN.
United States Court of Appeals, Ninth Circuit.
ORDER
The opinion filed in this case on January 27, 2010, and published at 593 F.3d 979, is withdrawn. A new opinion is filed contemporaneously with the filing of this order.
The panel has voted unanimously to deny the petition for rehearing. Judges O'Scannlain and Callahan have voted to deny the petition for rehearing en banc, and Judge Leavy has so recommended.
The full court was advised of the petition for rehearing...
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