                  FOR PUBLICATION
  UNITED STATES COURT OF APPEALS
       FOR THE NINTH CIRCUIT

MARIO SANCHEZ,                           
                           Petitioner,        No. 04-75584
                 v.
                                              Agency No.
                                              A77-832-827
MICHAEL B. MUKASEY, Attorney
General,                                        ORDER
                    Respondent.
                                         
                      Filed October 9, 2008


                            ORDER

KOZINSKI, Chief Judge:

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




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