FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FRANCISCO JAVIER GARFIAS-  RODRIGUEZ, No. 09-72603 Petitioner, v.  Agency No. A079-766-006 ERIC H. HOLDER Jr., Attorney General, ORDER Respondent.  Filed March 1, 2012

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.

Judge Christen did not participate in the deliberations or vote in this case.

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