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BOGLE v. GARLAND

No. 19-72290.

21 F.4th 637 (2021)

Lionel Prince Deon BOGLE, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2021.

Attorney(s) appearing for the Case

Kari E. Hong (argued), Boston College Law School, Newton, Massachusetts, for Petitioner.

David Kim (argued) and Aric A. Anderson , Trial Attorneys; Kohsei Ugumori , Senior Litigation Counsel; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Raha Jorjani and Kelsey Morales , Alameda County Public Defender's Office, Oakland, California; Francisco Ugarte and Genna Beier , San Francisco Office of the Public Defender, San Francisco, California; for Amici Curiae Alameda County Public Defender's Office, Bronx Defenders, Brooklyn Defender Services, City of Atlanta Office of the Public Defender, The Legal Aid Society, The San Francisco Public Defender's Office, and Stand Together Contra Costa.

Dissent by Judge PEARSON

ORDER

The opinion and dissent filed on June 23, 2021, and published at 2 F.4th 1172 (9th Cir. 2021) are withdrawn. A new opinion and dissent are filed concurrently with this order.

Petitioner has filed a petition for panel rehearing and a petition for rehearing en banc. [Dkt. No. 63]. A majority of the panel votes to deny the petition for panel rehearing. Judges Bennett and Miller vote to deny the petition for panel rehearing, and Judge Pearson votes to...

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