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AGUSTIN v. HOLDER

No. 09-72910.

668 F.3d 672 (2012)

Dario Ico SAN AGUSTIN; Lucila Calalang San Agustin, Petitioners, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

February 6, 2012.

Attorney(s) appearing for the Case

Deborah Karapetian , Law Offices of Deborah L. Karapetian, Glendale, CA, for Petitioners.

Julie M. Iversen , 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

The San Agustins have filed a petition for panel rehearing in this matter. The San Agustins have had a long-term presence in the United States and have two United States citizen children. They do 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, the government shall advise the court by...

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