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PHILLIPS v. CUSTOMS AND BORDER PROTECTION (2024)

United States Court of Appeals, Ninth Circuit.2024-05-30No. No. 21-55768

Authorities cited

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Opinion

ORDER

The panel has unanimously voted to deny the petition for panel rehearing. Plaintiffs-Appellants petition for panel rehearing, dkt. 58, is DENIED.

Judge Ikuta voted to deny the petition for rehearing en banc, and Judge Tallman so recommended. Judge Schroeder recommended granting the petition for rehearing en banc. The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R. App. P. 35. Judge H.A. Thomas recused herself and did not participate in the deliberations or vote. Plaintiffs-Appellants petition for rehearing en banc, dkt. 58, is DENIED.