FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 10 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CRISTA RAMOS; CRISTINA MORALES; No. 18-16981 BENJAMIN ZEPEDA; ORLANDO ZEPEDA; JUAN EDUARDO AYALA D.C. No. 3:18-cv-01554-EMC FLORES; ELSY YOLANDA FLORES DE Northern District of California, AYALA; MARIA JOSE AYALA FLORES; San Francisco HNAIDA CENEMAT; WILNA DESTIN; RILYA SALARY; SHERIKA BLANC; ORDER IMARA AMPIE; MAZIN AHMED; HIWAIDA ELARABI, Plaintiffs-Appellees, v. CHAD F. WOLF, Secretary of Homeland Security; KENNETH T. CUCCINELLI, Senior Official Performing the Duties of the Deputy Secretary of Homeland Security; U.S. DEPARTMENT OF HOMELAND SECURITY; UNITED STATES OF AMERICA, Defendants-Appellants.

MURGUIA, 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 opinion is vacated.

Judges Owens and H.A. Thomas did not participate in the deliberations or vote in this case.