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13-72682 - Carlos Bringas-Rodriguez v. Jefferson Sessions


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13-72682 - Carlos Bringas-Rodriguez v. Jefferson Sessions
November 19, 2015
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FILED OPINION (WILLIAM A. FLETCHER, JAY S. BYBEE and BENJAMIN H. SETTLE)Concurrently, we grant the motion of the Public Law Center, Lambda Legal Defense and Education Fund, the National Immigrant Justice Center, the Center for HIV Law and Policy, HIV Law Project, Immigration Equality, Disability Rights Legal Center, and the Asian & Pacific Islander Wellness Center to file a brief as Amici Curiae in support of Bringas. We deny Bringas’s motion to take judicial notice of facts beyond the administrative record. See 8 U.S.C. § 1252(b)(4)(A); Singh v. Ashcroft, 393 F.3d 903, 905–06 (9th Cir. 2004). PETITION DENIED. Judge: WAF Dissenting, Judge: JSB Authoring, FILED AND ENTERED JUDGMENT. [9761876]
June 14, 2016
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Filed Order for PUBLICATION (SIDNEY R. THOMAS) 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 shall not be cited as precedent by or to any court of the Ninth Circuit. Judges McKeown and Watford did not participate in the deliberations or vote in this case. [10014167]
March 8, 2017
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FILED OPINION (SIDNEY R. THOMAS, DIARMUID F. O'SCANNLAIN, BARRY G. SILVERMAN, KIM MCLANE WARDLAW, WILLIAM A. FLETCHER, RICHARD R. CLIFTON, CARLOS T. BEA, MILAN D. SMITH, JR., MORGAN B. CHRISTEN, JOHN B. OWENS and MICHELLE T. FRIEDLAND) The respondent, Attorney General Jefferson B. Sessions III, shall bear the costs on appeal. GRANTED; REMANDED. Opinion by Judge Wardlaw; Concurrence by Judge Clifton; Dissent by Judge Bea. FILED AND ENTERED JUDGMENT. [10347634]