FILED
UNITED STATES COURT OF APPEALS AUG 08 2011
MOLLY C. DWYER, CLERK
FOR THE NINTH CIRCUIT U.S . CO U RT OF AP PE A LS
FELIPE DE JESUS HERNANDEZ- No. 05-75291
PADILLA,
Agency No. A076-850-597
Petitioner,
v. ORDER
ERIC H. HOLDER JR., Attorney General,
Respondent.
Before: B. FLETCHER, CANBY, and GRABER, Circuit Judges.
Respondent's Petition for Panel Rehearing is GRANTED. The
memorandum disposition filed on April 27, 2010, is amended by the memorandum
disposition filed concurrently with this order. No further petitions for rehearing or
petitions for rehearing en banc will be entertained.
FILED
NOT FOR PUBLICATION AUG 08 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS
FOR THE NINTH CIRCUIT
FELIPE DE JESUS HERNANDEZ- No. 05-75291
PADILLA,
Agency No. A076-850-597
Petitioner,
v. AMENDED MEMORANDUM *
ERIC H. HOLDER JR., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted November 6, 2009
San Francisco, California
Before: B. FLETCHER, CANBY, and GRABER, Circuit Judges.
Petitioner Felipe de Jesus Hernandez-Padilla petitions for review of the
Board of Immigration Appeals' denial of cancellation of removal. We originally
held that, þ[b]ecause Petitioner's case is in all relevant ways identical to the
petitioner's case in Nunez-Reyes v. Holder, [602 F.3d 1102 (9th Cir. 2010) (per
curiam)], and in the petitioner's case in Rice v. Holder, 597 F.3d 952 (9th Cir.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
2010), we grant the petition for review.þ Hernandez-Padilla v. Holder, 377 F.
App'x 678, 679 (9th Cir. 2010) (unpublished decision). Sitting en banc, we
overruled the three-judge panel decisions in Nunez-Reyes and Rice. Nunez-Reyes
v. Holder, No. 05-74350, 2011 WL 2714159, at *8 (9th Cir. July 14, 2011) (en
banc). For the same reasons as stated in our en banc decision, we must deny the
petition for review in this case.
Petition DENIED.
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