Martinez-Cedillo v. Barr

Decision Date18 March 2019
Docket NumberNo. 14-71742,14-71742
Citation918 F.3d 601 (Mem)
Parties Marcelo MARTINEZ -CEDILLO, aka Marcelo Martinez, Petitioner, v. William P. BARR, Attorney General, Respondent.
CourtU.S. Court of Appeals — Ninth Circuit
ORDER

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 in this case shall not be cited as precedent by or to any court of the Ninth Circuit.

Judge Miller did not participate in the deliberations or vote in this case.

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4 cases
  • Diaz-Rodriguez v. Garland
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • December 8, 2022
    ...the active judges agreed to rehear the case en banc, we withdrew the panel opinion, rendering it non-precedential. Martinez-Cedillo v. Barr , 918 F.3d 601 (9th Cir. 2019). We subsequently vacated the panel's decision when the en banc court dismissed the appeal as moot. Martinez-Cedillo , 92......
  • Matthews v. Barr, Docket No. 16-3145
    • United States
    • U.S. Court of Appeals — Second Circuit
    • June 18, 2019
    ...decision in Martinez-Cedillo and Judge Wardlaw’s dissent in that case were withdrawn pending en banc review. Martinez-Cedillo v. Barr , 918 F.3d 601 (9th Cir. 2019). The appeal was recently dismissed altogether as moot in light of the petitioner’s death. Martinez-Cedillo v. Barr , No. 14-71......
  • Diaz-Rodriguez v. Garland
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • September 10, 2021
    ...this issue. The three-judge panel's decision was rendered non-precedential when the full court agreed to rehear the case en banc, 918 F.3d 601 (9th Cir. 2019), and the en banc court later vacated the panel's decision when it dismissed the appeal as moot, 923 F.3d 1162 (9th Cir. 2019). Given......
  • U.S. v. Heaton, 17-3314
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • March 20, 2019

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