¶1Jenna H. Holtzman, Victor Leung, Robert W. Perrin, Latham & Watkins LLP, Los Angeles, CA, for Petitioner.
¶2Bryan Stuart Beier, Senior Litigation Counsel, David V. Bernal, Assistant Director, Ernesto Horacio Molina, Jr., Esquire, Senior Litigation Counsel, Siu P. Wong, Esquire, Trial, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel *898Department of Homeland Security, San Francisco, CA, for Respondent.
¶3ORDER
¶5Upon 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.
¶6Judge Bybee did not participate in the deliberations or vote in this case.