FRANCISCO JAVIER GARFIAS-RODRIGUEZ V ERIC H. HOLDER Jr., No. 09-72603 (9th Cir. 2012)

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This opinion or order relates to an opinion or order originally issued on April 11, 2011.

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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 01 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT FRANCISCO JAVIER GARFIASRODRIGUEZ, No. 09-72603 Agency No. A079-766-006 Petitioner, v. ORDER ERIC H. HOLDER Jr., Attorney General, Respondent. 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. Judge Christen did not participate in the deliberations or vote in this case.

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