UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 10-1305 ___________

MARTIN ALEJANDRO GUTIERREZ BORROVIC, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES ___________

SUR PETITION FOR PANEL REHEARING ___________

Present: FUENTES, VANASKIE and NYGAARD, Circuit Judges ___________

The Petition for Panel Rehearing filed by the Appellant in the above-entitled matter, having been submitted to the judges who participated in the decision of this court is hereby GRANTED. The opinion and judgment entered May 11, 2011 are hereby vacated.

The Clerk is instructed to reinstate the appeal in No. 10-1305. The matter will be submitted to the next available merits panel.

IT IS SO ORDERED.

BY THE COURT,

/s/ Julio M. Fuentes Circuit Judge DATED: July 5, 2011 mlr/cc: Anayancy R. Housman, Esq.

Yedidya Cohen, Esq. A True Copy :

Marcia M . Waldron, Clerk