Narrative Opinion Summary
The case 427 F.3d 622 involves Violeta Circu as the petitioner against Alberto R. Gonzales, the Attorney General, as the respondent. The United States Court of Appeals for the Ninth Circuit issued an order on October 14, 2005, allowing for the case to be reheard en banc, following a vote by the majority of nonrecused active judges. The previous opinion from a three-judge panel is not to be cited as precedent, except where it may be adopted by the en banc court. Additionally, the order notes the substitution of Alberto R. Gonzales for his predecessor, John Ashcroft, as Attorney General, in accordance with Federal Rule of Appellate Procedure 43(c)(2).
Legal Issues Addressed
En Banc Rehearingsubscribe to see similar legal issues
Application: The Ninth Circuit Court of Appeals ordered the case to be reheard en banc, indicating that the majority of nonrecused active judges voted in favor of this procedure.
Reasoning: The United States Court of Appeals for the Ninth Circuit issued an order on October 14, 2005, allowing for the case to be reheard en banc, following a vote by the majority of nonrecused active judges.
Precedential Value of Panel Opinionssubscribe to see similar legal issues
Application: The earlier opinion given by a three-judge panel is not considered precedent unless it is adopted by the en banc court.
Reasoning: The previous opinion from a three-judge panel is not to be cited as precedent, except where it may be adopted by the en banc court.
Substitution of Parties under Federal Rule of Appellate Procedure 43(c)(2)subscribe to see similar legal issues
Application: The substitution of Alberto R. Gonzales for his predecessor, John Ashcroft, as Attorney General is noted, aligning with procedural rules.
Reasoning: Additionally, the order notes the substitution of Alberto R. Gonzales for his predecessor, John Ashcroft, as Attorney General, in accordance with Federal Rule of Appellate Procedure 43(c)(2).