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PLANES v. HOLDER

No. 07-70730.

686 F.3d 1033 (2012)

Michael Angelo Samonte PLANES, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

June 5, 2012.

Attorney(s) appearing for the Case

Elsa Ines Martinez, Esquire , Law Offices of Elsa Martinez, PLC, Los Angeles, CA, for Petitioner.

David V. Bernal , Assistant Director, Robert Markle , Senior Litigation Counsel, Liza Murcia , Oil, 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; Concurrence by Judge IKUTA; Dissent by Judge REINHARDT.

ORDER

The panel has voted to deny Petitioner's Petition for Panel Rehearing En Banc. Judges Callahan and Ikuta have voted to deny the en banc petition. Judge Pregerson has voted to grant the en banc petition.

A judge of this court called for this case to be reheard en banc. A vote was taken, and a majority of the active judges of the court did not vote for a rehearing en banc. Fed. R.App. 35(f).

The petition for rehearing en banc is therefore DENIED...

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