¶1Leon Fresco, Esquire, Holland & Knight LLP, Miami, FL, Marlysha Myrthil, Esquire, Holland & Knight LLP, Jacksonville, FL, Christopher V. Nugent, Holland & Knight LLP, Washington, DC, for Petitioner.
¶2Imran Raza Zaidi, OIL, DOJ-U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.
¶3Agency No. [ AXXX-XXX-XXX ].
¶4ORDER
¶6Upon the vote of a majority of nonrecused active judges, it is ordered that this *777case 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.