FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

KWAI FUN WONG ; WU -WEI TIEN No. 10-36136 TAO ASSOCIATION , Plaintiffs-Appellants, D.C. No. 3:01-cv-00718- v. JO DAVID V. BEEBE , a former Immigration and Naturalization ORDER Service (n.k.a. Department of Homeland Security) Official; UNITED STATES OF AMERICA , Defendants-Appellees.

Filed January 3, 2013

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 Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35–3.