United States v. Rufino Valdes-Vega

714 F.3d 1134

9th Cir.

2013

Check Treatment

Docket

UNITED STATES of America, Plaintiff-Appellee, v. Rufino Ignacio VALDES-VEGA, Defendant-Appellant.

No. 10-50249

United States Court of Appeals, Ninth Circuit

April 25, 2013

1134

Daniel Ackerman, Assistant U.S., Curtis A. Kin, Esquire, Assistant U.S., Mark Remy Yohalem, Esquire, Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee. Gretchen Fusilier, Carlsbad, CA, for Defendant-Appellant. D.C. No. 5:09-cr-00024-VAP-l.

tary departure).” Replace this citation with the following: “See 8 C.F.R. § 1240.26(b)(1) (noting that aliens who have “been convicted of a crime described in section 101(a)(43) of the Act”—the section defining aggravated felonies—are not eligible for voluntary departure); see also 8 U.S.C. § 1229c(e) (“The Attorney General may by regulation limit eligibility for voluntary departure under this section for any class or classes of aliens.”).”

With this amendment, the panel has voted to deny the petition for rehearing and rehearing en banc. The panel has voted unanimously to deny the petition for rehearing. Judge O‘Scannlain has voted to deny the petition for rehearing en banc, and Judges Nelson and Singleton have so recommended. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.

The petition for rehearing and petition for rehearing en banc is DENIED. No further petitions for panel rehearing or for rehearing en banc will be entertained.

UNITED STATES of America, Plaintiff-Appellee, v. Michael Ray RAMIREZ, Defendant-Appellant.

No. 11-50346

United States Court of Appeals, Ninth Circuit

Argued and Submitted Jan. 9, 2013. Filed April 29, 2013.

ORDER

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 Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.