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RODRIGUEZ v. HOLDER

Nos. 06-74444, 06-75524.

668 F.3d 670 (2012)

David Aranda RODRIGUEZ, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

February 6, 2012.

Attorney(s) appearing for the Case

Bernadette Willeke Connolly , Law Offices of Bernadette W. Connolly, San Jose, CA, for Petitioner.

Joseph D. Hardy, Jr., Esquire , Trial, OIL, DOJ-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 O'SCANNLAIN.

ORDER

David Aranda Rodriguez has filed a petition for rehearing en banc in this consolidated matter. Rodriguez has had a long-term presence in the United States and has two United States citizen daughters, one of whom suffers from asthma. He does not appear to have any criminal convictions.

In light of ICE Director John Morton's June 17, 2011 memo regarding prosecutorial discretion, and the November 17, 2011 follow-up memo providing guidance to ICE Attorneys...

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