[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
February 24, 2004
No. 00-15783 THOMAS K. KAHN
CLERK
BIA No. A90-358-688
ALBERT ADEFEMI,
Petitioner-Appellant,
versus
JOHN ASHCROFT, as Attorney General of U.S.,
Ms. ROSEMARY MELVILLE, as the District
Director for INS,
UNITED STATES IMMIGRATION AND
NATURALIZATION SERVICE,
Respondents-Appellees.
---------------------------
Petition for Review of an Order of the
Board of Immigration Appeals
--------------------------
(Opinion January 29, 2004, ___ F3.d ___,11th Cir. 2004)
(February 24, 2004)
Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, BIRCH,
DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON,
Circuit Judges*.
*
Judge William H. Pryor, Jr., became a member of the court on February 20, 2004, and
did not participate in the en banc poll. Judge Phyllis A. Kravitch has elected to participate in
further proceedings.
BY THE COURT:
A member of this court in active service having requested a poll on
whether this case should be reheard by the Court sitting en banc, and a majority of
the judges in this court in active service having voted in favor of granting a
rehearing en banc,
IT IS ORDERED that the above cause shall be reheard by this
court en banc. The previous panel's opinion is hereby VACATED.
2