FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 03 2005 FOR THE NINTH CIRCUIT CATHY A. CATTERSON, CLERK U.S. COURT OF APPEALS

ALMAZ SAYOUM ABEBE; SISAY No. 02-72390 MENGISTU, Agency Nos. A72-693-580 Petitioners, A72-693-581 v. ORDER * ALBERTO R. GONZALES , Attorney General, Respondent.

Before: SCHROEDER, Chief Judge: Upon the vote of a majority of nonrecused 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 court of the Ninth Circuit, except to the extent adopted by the en banc court.

* Alberto R. Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States, pursuant to Fed. R. App. P. 43(c)(2).