GARFIAS-RODRIGUEZ v. Holder

                                                                             FILED
                                FOR PUBLICATION                               MAR 01 2012

                                                                          MOLLY C. DWYER, CLERK
                    UNITED STATES COURT OF APPEALS                         U .S. C O U R T OF APPE ALS




                            FOR THE NINTH CIRCUIT



FRANCISCO JAVIER GARFIAS-                         No. 09-72603
RODRIGUEZ,
                                                  Agency No. A079-766-006
              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.

       Judge Christen did not participate in the deliberations or vote in this case.