Narrative Opinion Summary
The Ninth Circuit Court of Appeals ordered an en banc rehearing of the case involving petitioner Marjorie Konda Lolong and respondent Alberto R. Gonzales, the Attorney General. The case number is 03-72384, with the arguments heard and the order filed on June 19, 2006. The legal representation for the petitioner came from Robert B. Jobe and Hilari Allred, while the respondent was represented by Ronald E. Lefevre and Francis W. Fraser. The court emphasized that the previous opinion from the three-judge panel may not be cited as precedent, except where it is adopted by the en banc court.
Legal Issues Addressed
En Banc Rehearing in Federal Appealssubscribe to see similar legal issues
Application: The Ninth Circuit Court of Appeals decided to rehear the case en banc, indicating that the entire bench will reconsider the case, which could alter or affirm the previous panel's decision.
Reasoning: The Ninth Circuit Court of Appeals ordered an en banc rehearing of the case involving petitioner Marjorie Konda Lolong and respondent Alberto R. Gonzales, the Attorney General.
Precedential Value of Panel Decisionssubscribe to see similar legal issues
Application: The court clarified that the previous opinion from the three-judge panel is not to be used as precedent unless it is adopted by the en banc court, highlighting the limited authority of panel decisions pending en banc review.
Reasoning: The court emphasized that the previous opinion from the three-judge panel may not be cited as precedent, except where it is adopted by the en banc court.