¶1Carlos A. Cruz, Law Offices of Carlos A. Cruz, Los Angeles, CA, for Petitioner.
¶2Regional Counsel, Laguna Niguel, CA, CAC-District Counsel, Los Angeles, CA, Ronald E. LeFevre, Chief Legal Officer, San Francisco, CA, OIL, Jocelyn Lopez Wright, Washington, DC, for Respondent.
¶3Before: PREGERSON, BEEZER, and TALLMAN, Circuit Judges.
¶4ORDER
¶5A majority of the panel has voted to deny the petition for panel rehearing. Judge Pregerson voted to grant the petition for rehearing en bane, Judge Tallman voted to deny the petition for rehearing en banc and Judge Beezer so recommends.
¶6The full court has been advised of the petition for rehearing en banc and no judge has requested a vote to rehear the matter en banc. Fed. R.App. P. 35.
¶7The mandate shall issue seven days after entry of this order in accordance with Federal Rule of Appellate Procedure 41(b).
¶8The petition for panel rehearing and the petition for rehearing en banc are DENIED.
¶10concurring in part and dissenting in part:
¶11I concur in the order of the court except I would direct the clerk to issue the mandate forthwith. We lack jurisdiction to consider the pending petition and there never was any probability of success on the merits which would support a stay. See Mariscal-Sandoval v. Ashcroft, 370 F.3d 851, 856-60 (9th Cir.2004) (Beezer, J., concurring).
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