Aroldo Alberto RODRIGUEZ DIAZ, Petitioner-Appellee,
v.
Merrick B. GARLAND, Attorney General; Chad F. Wolf; David Jennings; Wendell Anderson, Respondents-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Filed October 12, 2023.
Filed October 12, 2023.
Attorney(s) appearing for the Case
Piper Crafton Akol , Carecen SF, San Francisco, CA, Ahilan Thevanesan Arulanantham , Attorney, UCLA School of Law, Los Angeles, CA, Anand Balakrishnan , Staff Attorney — ACLU Immigrants' Rights Project, American Civil Liberties Union Foundation, New York, NY, Michael Kaufman , ACLU Foundation of Southern California, Los Angeles, CA, Judy Rabinovitz , Attorney, ACLU Immigrants' Rights Project, New York, NY, for Petitioner-Appellee.
Adrienne Zack , DOJ-USAO, San Francisco, CA, Patrick James Glen, Esquire , DOJ — U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Sarah Stevens Wilson , DEPARTMENT OF JUSTICE, Civil Division, Washington, DC, for Respondents-Appellants.
Kelsey Ann Morales , Evelyn Wiese , Alameda County Public Defender, Oakland, CA, for Amici Curiae Bronx Defenders, Brooklyn Defender Services, Legal Aid Society, and San Francisco Public Defenders Office, Alameda County Public Defender's Office.
Michael Kaufman , ACLU Foundation of Southern California, Los Angeles, CA, for Amici Curiae American Civil Liberties Union Foundation of Southern California, American Civil Liberties Union Foundation.
Elizabeth Wydra , Chief Counsel, Constitutional Accountability Center, Washington, DC, for Amicus Curiae Constitutional Accountability Center.
Kelsey Ann Morales , Alameda County Public Defender, Oakland, CA, for Amicus Curiae Law Office of the Cook County Public Defender.
Order; Statement by Judge Paez.
ORDER
Judge Wardlaw voted to grant the petition for panel rehearing and rehearing en banc. Judge Bress and Judge Bumatay voted to deny the petition for panel rehearing and rehearing en banc. The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R. App. P. 35(a)....
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