FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 6 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GARY TOMCZYK, No. 16-72926 Petitioner, Agency No. A029-468-078 v. ORDER MERRICK B. GARLAND, Attorney General, Respondent.

THOMAS, 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. The three-judge panel disposition is vacated.