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ROSA RODRIGUEZ v. GARLAND (2023)

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United States Court of Appeals, Ninth Circuit.

Antonio De La ROSA-RODRIGUEZ, aka Antonio Delarosa Rodriguez, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

No. 20-71923

Decided: March 22, 2023

Mackenzie W. Mackins, Mackins & Mackins, LLP, Sherman Oaks, CA, Lee P. Gelernt, ACLU-American Civil Liberties Union Foundation, New York, NY, Hannah Schoen, American Civil Liberties Union Foundation, San Francisco, CA, Cody Wofsy, ACLU Immigrants' Rights Project, San Francisco, CA, for Petitioner. Claire Workman, Senior Litigation Counsel, Andrew B. Insenga, Trial Attorney, OIL, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent.

ORDER

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion published at De La Rosa-Rodriguez v. Garland, 49 F.4th 1282 (9th Cir. 2022) is vacated.

MURGUIA, Chief Judge:

Judge Koh did not participate in the deliberations or vote in this case.

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