Opinion
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Elena E. Tsiprin, Esq., Law Offices of Elena E. Tsiprin, Bellevue, WA, for Petitioner-Appellant.
Brian C. Kipnis, Esq., Kristin Johnson, Esq., Office of the U.S. Attorney, Seattle, WA, Bryan S. Beier, Esq., Washington, DC, for Respondents-Appellees. D.C. No. CV-04-00323-TSZ.
Before: PREGERSON, GRABER, and GOULD, Circuit Judges.
ORDER
The panel has voted unanimously to grant the petition for panel rehearing. The Memorandum Disposition filed on November 8, 2005, is hereby withdrawn. Within twenty-one (21) days of the date of this order, Mkrtchyan's counsel shall file a brief addressing Mkrtchyan's challenges to the BIA's October 3, 2003, dismissal of his appeal. The Government shall file a brief in response no later than twenty-one (21) days after service of Mkrtchyan's. Mkrtchyan may file a brief in reply no later than fourteen (14) days after service of the Government's brief. Mkrtchyan's initial brief and the Government's responding brief shall not exceed thirty-five (35) pages. Mkrtchyan's reply, if any, shall not exceed twenty (20) pages.