FILED
FOR PUBLICATION SEP 24 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FLAVIO NUNEZ-REYES, aka Flavio No. 05-74350
Reyes,
Agency No. A078-181-648
Petitioner,
v. ORDER
ERIC H. HOLDER Jr., Attorney
General,
Respondent.
KOZINSKI, Chief Judge:
Upon 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.