Vasquez-Lopez v. Ashcroft

9th Cir.

Court: United States Court of Appeals for the Ninth Circuit

Citations: 343 F.3d 961, 2003 Daily Journal DAR 10421, 2003 U.S. App. LEXIS 18871

Decision Date: 1/13/2003

Docket Number: No. 01-71827

Jurisdiction: U.S.

Bluebook Citation: Vasquez-Lopez v. Ashcroft, 343 F.3d 961, 2003 Daily Journal DAR 10421, 2003 U.S. App. LEXIS 18871 (9th Cir. 2003)

More Cases: 9th Cir. decisions from 2003

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Opinion

Delfino VASQUEZ-LOPEZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

Judges

Before: STAPLETON, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
with whom PREGERSON, THOMAS, GRABER, WARDLAW, FISHER, and PAEZ, Circuit Judges,

Attorneys

Michael Franquinha, Phoenix, Arizona, for the petitioner.
Robert D. McCallum, Jr., Alison R. Drucker, Donald E. Keener, Office of Immigration Litigation, Washington, D.C., for the respondent.

majority

ORDER

The opinion filed on January 13, 2003, is ordered amended. The Clerk is instructed to file the amended opinion. Judge Ber-zon’s dissent from the order denying rehearing en banc shall also be filed.

The panel has voted unanimously to deny the petition for rehearing. Judge O’Scannlain has voted to deny the petition for rehearing en banc, and Judge Staple-ton and Judge Fernandez so recommended.

The full court was advised of the petition for rehearing en banc and an active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonre-cused active judges in favor of en banc consideration. Fed. R.App. P. 35.

The petition for rehearing and the petition for rehearing en banc are DENIED. No further petitions for panel or en banc rehearing will be entertained.