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Rosalina Cuellar De Osorio; Elizabeth Magpantay; Evelyn Y. Santos v. Alejandro Mayorkas

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


April 20, 2012

ROSALINA CUELLAR DE OSORIO; ELIZABETH MAGPANTAY; EVELYN Y. SANTOS; MARIA ELOISA LIWAG; NORMA UY; RUTH UY, PLAINTIFFS - APPELLANTS,
v.
ALEJANDRO MAYORKAS, DIRECTOR OF THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; JANET NAPOLITANO, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY; HILLARY RODHAM CLINTON, SECRETARY OF STATE, DEFENDANTS - APPELLEES. TERESITA G. COSTELO; LORENZO P. ONG, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS - APPELLANTS,
v.
JANET NAPOLITANO, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY;
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; ALEJANDRO MAYORKAS, DIRECTOR OF THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; LYNNE SKEIRIK, DIRECTOR OF THE NATIONAL VISA CENTER; CHRISTINA POULOS, ACTING DIRECTOR, CALIFORNIA SERVICE CENTER, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; HILLARY RODHAM CLINTON, SECRETARY OF STATE, DEFENDANTS - APPELLEES.

D.C. No. 8:08-cv-00688-JVS-SH; D.C. No. 5:08-cv-00840-JVS-SH

The opinion of the court was delivered by: Kozinski, Chief Judge:

FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

ORDER

Upon the vote of a majority of nonrecused 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.

20120420

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