Morales-Izquierdo v. Gonzales, 03-70674.

Decision Date12 September 2005
Docket NumberNo. 03-70674.,03-70674.
PartiesRaul MORALES-IZQUIERDO, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.
CourtU.S. Court of Appeals — Ninth Circuit

Robert Houston Pauw, Esq., Gibbs Houston Pauw, Seattle, WA, for Petitioner.

Regional Counsel, Laguna Niguel, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, WWS-District Counsel, Immigration and Naturalization Service Office of the District Counsel, Seattle, WA, John J. Andre, Esq., Song Park, Esq., DOJ-U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: SCHROEDER, Chief Judge.

ORDER

Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.

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7 cases
  • Morales-Izquierdo v. Department of Homeland Sec.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • April 2, 2010
    ...F.3d 1299 (9th Cir.2004). A majority of nonrecused active judges subsequently voted to rehear the case en banc. Morales-Izquierdo v. Gonzales, 423 F.3d 1118 (9th Cir.2005). While en banc proceedings were pending, the REAL ID Act, Pub.L. No. 109-13, Div. B., 119 Stat. 231 (May 11, 2005), wen......
  • Morales-Izquierdo v. Gonzales
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • February 6, 2007
    ...judge. See Morales-Izquierdo v. Ashcroft, 388 F.3d 1299, 1305 (9th Cir.2004). We took the case en banc. See Morales-Izquierdo v. Gonzales, 423 F.3d 1118 (9th Cir.2005). II As noted, Morales cannot be removed again under the 1994 removal order unless and until it was reinstated. The order wa......
  • Morales-Izquierdo v. Gonzales
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • February 6, 2007
    ...judge. See Morales-Izquierdo v. Ashcroft, 388 F.3d 1299, 1305 (9th Cir.2004). We took the case en banc. See Morales-Izquierdo v. Gonzales, 423 F.3d 1118 (9th Cir.2005). As noted, Morales cannot be removed again under the 1994 removal order unless and until it was reinstated. The order was r......
  • Ochoa-Carrillo v. Gonzales
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • February 15, 2006
    ...v. Ashcroft, 388 F.3d 1299 (9th Cir.2004). That decision is now being reviewed by the Ninth Circuit en banc, Morales-Izquierdo v. Gonzales, 423 F.3d 1118 (9th Cir.2005). In Alvarez-Portillo, 280 F.3d at 866, in considering whether 8 U.S.C. § 1231(a)(5) had an impermissible retroactive effec......
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