
    Almaz Sayoum ABEBE; Sisay Mengistu, Petitioners, v. Alberto GONZALES, Attorney General, Respondent.
    No. 02-72390.
    United States Court of Appeals, Ninth Circuit.
    Filed March 3, 2005.
    Philip Hornik, Law Office Of Philip Hor-nik, Portland, OR, for Petitioners.
    Regional Counsel, Western Region Immigration & Naturalization Service, Lagu-na Niguel, CA, David V. Bernal, Attorney, Colette J. Winston, U.S. Department of Justice, Washington, DC, for Respondent.
    Before SCHROEDER, Chief Judge.
    
      
       Alberto Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States, pursuant to Fed. R.App. P. 43(c)(2).
    
   ORDER

Upon the vote of a majority of nonre-cused regular active judges of this court it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district cqurt of the Ninth Circuit, except to the extent adopted by the en banc court.  