665 F2d 269 Tejeda-Mata v. Immigration and Naturalization Service

665 F.2d 269

Miguel TEJEDA-MATA, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

No. 78-3651.

United States Court of Appeals,
Ninth Circuit.

Dec. 11, 1981.

ORDER

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1

Before CHOY and FERGUSON, Circuit Judges, and BARTELS,* District judge.

2

Appellant petitioned for a rehearing of this case and suggested that it be reheard en banc. By order filed on February 18, 1981, a majority of the full court ordered a rehearing en banc pursuant to this court's Rule 25, withdrawing the original three-judge panel assignment of this case.

3

By order filed on September 22, 1981, the en banc court returned this case to the original three-judge panel on the ground that the order of February 18, 1981 had been improvidently entered.

4

The three-judge panel now denies appellant's petition for rehearing and reinstates its majority opinion and dissenting opinion filed herein on August 29, 1980 and reported in 626 F.2d 721.

5

The mandate shall issue forthwith.

*

The Honorable John R. Bartels, United States District Judge for the Eastern District of New York, sitting by designation