¶1Christopher John Stender, Esquire, Stender & Pope, PC, San Diego, CA, for Petitioner.
¶2Carol Federighi, Esquire, Senior Litigation Counsel, Daniel Eric Goldman, Esquire, Senior Litigation Counsel, Mona Maria Yousif, DOJ-U.S. Department of Justice, Washington, DC, CAS-District Counsel, Esquire, Office of the District Counsel, Department of Homeland Security, San Diego, CA, Ronald E. Lefevre, Office of the District Counsel, Department *958of Homeland Security, San Francisco, CA, for Respondent.
¶3Before: JEROME FARRIS, SUSAN P. GRABER, and KIM McLANE WARDLAW, Circuit Judges.
¶4ORDER
¶5The opinion in Escobar v. Holder, 567 F.3d 466 (9th Cir.2009), is vacated.
¶6The Respondent’s petition for rehearing is dismissed as moot.
¶7IT IS SO ORDERED.