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MATA-FASARDO v. HOLDER

No. 10-71869.

668 F.3d 675 (2012)

Luis Alfredo MATA-FASARDO, 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

Mike Singh Sethi, Esquire , Orange, CA, for Petitioner.

Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, Jennifer R. Khouri , Oil, U.S. Department of Justice, Washington, DC, for Respondent.

Order; Dissent by Judge O'SCANNLAIN.

ORDER

Luis Mata-Fasardo has filed a petition for panel rehearing in this matter. Mata-Fasardo has had a long-term presence in the United States and has two United States citizen children. 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, the government shall advise the court by March...

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