FILED FOR PUBLICATION JAN 03 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

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

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.