Chand v. Holder

Full title: SARAS WATI CHAND; et al., Petitioners, v. ERIC H. HOLDER Jr., Attorney…

Court: United States Court of Appeals, Ninth Circuit

Date published: Aug 24, 2009

No. 05-72568 (9th Cir. Aug. 24, 2009)

Opinion

No. 05-72568.

August 24, 2009.

Agency Nos. A075-020-382 A075-020-381.

Before: NOONAN and McKEOWN, Circuit Judges, and ARCHER,^_ Senior Circuit Judge.

_ The Honorable Glenn L. Archer, Jr., Senior United States Circuit Judge for the Federal Circuit, sitting by designation.

ORDER

The full court has been advised of the Petition for Rehearing En Banc and no judge of the court has requested a vote on the Petition for Rehearing En Banc. Fed.R.App.P. 35. Petitioner's Petition for Rehearing En Banc is DENIED.

No further petitions for rehearing and for rehearing en banc will be entertained.

We amend the memorandum disposition filed on 6/11/09 with the following clarification:

Page 3, line 14: Insert Cf. Cinapian v. Holder, 567 F.3d 1067 (9th Cir. 2009) (holding that "the combination of the government's failure to disclose the DHS forensic reports in advance of the hearing or to make the reports' author available for cross-examination and the IJ's subsequent consideration of the reports under these circumstances denied Petitioner a fair hearing") after experienced first hand.