Tony West , Assistant Attorney General, United States Department of Justice; Michael P. Lindemann , Assistant Director; Ethan B. Kanter (argued), Senior Litigation Counsel, Office of Immigration Litigation, Washington, D.C., for Respondent.
Sean Riordan , ACLU of San Diego & Imperial Counties, San Diego, CA, for Amici Curiae Harvard Immigration and Refugee Clinic and American Civil Liberties Union of San Diego & Imperial Counties.
Before: RAYMOND C. FISHER and JOHNNIE B. RAWLINSON, Circuit Judges, and RICHARD MILLS, District Judge.
United States Court of Appeals, Ninth Circuit.
ORDER
FISHER, Circuit Judge:
The opinion filed July 3, 2012, and reported at 686 F.3d 729 (9th Cir.2012), is amended. The amended opinion is filed concurrent with this Order.
With the amended opinion, the panel has voted to GRANT Petitioner's petition for rehearing. Judges Fisher and Rawlinson have voted to deny the suggestion for rehearing en banc and Judge Mills so recommends.
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