
    Mario SANCHEZ, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.
    No. 04-75584.
    United States Court of Appeals, Ninth Circuit.
    Oct. 9, 2008.
    Frank P. Sprouls, Esquire, Law Office of Ricci and Sprouls, San Francisco, CA, for Petitioner.
    Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, OIL, Manuel A. Palau, DOJ, U.S. Department of Justice, Washington, DC, for Respondent.
   ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonre-cused 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.  