FILED
FOR PUBLICATION
APR 21 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
STATE OF HAWAII; ISMAIL No. 17-15589
ELSHIKH,
D.C. No.
Plaintiffs-Appellees, 1:17-cv-00050-DKW-KSC
District of Hawaii,
v. Honolulu
DONALD J. TRUMP, in his official
capacity as President of the United ORDER
States; U.S. DEPARTMENT OF
HOMELAND SECURITY; JOHN F.
KELLY, in his official capacity as
Secretary of Homeland Security; U.S.
DEPARTMENT OF STATE; REX W.
TILLERSON, in his official capacity as
Secretary of State; UNITED STATES
OF AMERICA,
Defendants-Appellants.
THOMAS, Chief Judge and En Banc Coordinator:
The full court was advised of the petition for initial hearing en banc. A
judge requested a vote on whether to hear the matter en banc before the limited en
banc court. Another judge requested a vote on whether to hear the matter en banc
before the full court. The matter failed to receive a majority of the votes of the
nonrecused active judges in favor of initial en banc consideration. Fed. R. App. P.
35. Therefore, initial en banc proceedings are concluded, and all remaining issues
will be decided by the three-judge panel. The denial of the request for initial
hearing en banc does not preclude any party from filing a petition for rehearing en
banc pursuant to the applicable rules following issuance of the panel opinion.
This case is scheduled for oral argument before the three-judge panel at 9:30
a.m. on Monday, May 15, 2017, in Seattle Washington.
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