Nunez-Reyes, et al v. Holder, No. 05-74350 (9th Cir. 2010)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FLAVIO NUNEZ-REYES, aka Flavio Reyes, Petitioner, v. ERIC H. HOLDER Jr., Attorney General, Respondent. ï£¼ ï£½ No. 05-74350 Agency No. A078-181-648 ORDER ï£¾ Filed September 24, 2010 ORDER KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. 16705

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