Opinion

Al-Kidd v. Ashcroft

598 F.3d 1129
2010 U.S. App. LEXIS 5604
2010 WL 961855

Court: Court of Appeals for the Ninth Circuit
Filed: Mar 18, 2010
Status: Published
On the bench: Bea, Gould, Scannlain, Smith, Thompson
Cited by: 6 cases
Authority: More cited than 90.2%

The opinion

Concurrence by Judge MILAN D. SMITH, JR.; Dissent by Judge O’SCANNLAIN; Dissent by Judge GOULD.

ORDER

Judge M. Smith voted to deny the petition for rehearing en banc, and Judge Thompson so recommended. Judge Bea voted to grant the petition for rehearing en banc.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35. Judge Bybee was recused in this matter.

The petition for rehearing en banc is DENIED.

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