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.