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CHEN v. GONZALES

No. 02-73473.

411 F.3d 1049 (2005)

Chong Shin CHEN, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

June 10, 2005.

Attorney(s) appearing for the Case

Allan A. Samson, San Francisco, CA, for Petitioner.

Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, San Francisco, CA, Donald E. Keener, Greg D. Mack, U.S. Department of Justice, Washington, DC, for Respondent.

Before WALLACE, KOZINSKI, and THOMAS, Circuit Judges.

Order; Dissent by Judge BEA.

ORDER

Judges Kozinski and Thomas have voted to deny the petition for rehearing. Judge Wallace has voted to grant the petition for rehearing. A judge of the Court sua sponte requested a vote on whether to rehear the case en banc. A vote was taken on the request, and it failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.

The petition for...

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