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GONZALES v. U.S. DEPT. OF HOMELAND SEC.

No. 09-35174.

712 F.3d 1271 (2013)

Aurelio Duran GONZALES; Maria C. Estrada; Maria Luisa Martinez De Munguia; Irma Palacios De Banuelos; Lucia Muniz De Andrade; Karina Noris; Adriana Pouparina, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF HOMELAND SECURITY and Janet Napolitano, Secretary of the Department of Homeland Security, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 29, 2013.

Attorney(s) appearing for the Case

Matt Adams (argued), Northwest Immigrant Rights Project, Seattle, Washington; Trina Realmuto , National Immigration Project of the National Lawyers Guild, Boston, Massachusetts; Beth Werlin , American Immigration Council, Washington, D.C.; Marc Van Der Hout , Van Der Hout , Brigagliano & Nightingale, LLP, San Francisco, California; Stacy Tolchin , Law Offices of Stacy Tolchin, Los Angeles, California, for Plaintiffs-Appellants.

Elizabeth J. Stevens (argued) and Sherease Pratt , United States Department of Justice, Washington, D.C.; Priscilla To-Yin Chan , Office of the United States Attorney, Seattle, Washington, for Defendant-Appellees.

Order; Opinion by Judge SILVERMAN; Dissent by Judge CALLAHAN.

ORDER

The opinion filed on October 25, 2011, 659 F.3d 930, is withdrawn. A superseding opinion and dissent will be filed concurrently with this order. The Petition for Rehearing En Banc filed on December 9, 2011 is denied as moot.

OPINION

SILVERMAN, Circuit Judge:

Plaintiff-Appellants are Aurelio Duran Gonzales and six other Mexican citizens. Each of these aliens was previously deported or removed and then...

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