FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT YEWHALASHET ABEBE,  Petitioner, No. 05-76201 v.  Agency No. A26-810-941 MICHAEL B. MUKASEY, Attorney General, ORDER Respondent.  Filed January 25, 2008

ORDER KOZINSKI, Chief Judge: 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.

1543 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson/West.