Narrative Opinion Summary
The Ninth Circuit Court of Appeals ordered the en banc rehearing of the case involving Armando Navarro-Lopez, the petitioner, against Alberto R. Gonzales, the Attorney General, marking case number 04-70345. The decision was reached following a majority vote of the nonrecused regular active judges. Consequently, the prior opinion issued by a three-judge panel is rendered non-citable as precedent by this court or any district court within the Ninth Circuit, except where it has been adopted by the en banc court. The filing date of the order is November 8, 2006. Legal representation included James Robert Patterson for the petitioner and Ronald E. LeFevre, Donald E. Keener, and Francis W. Fraser for the respondent.
Legal Issues Addressed
En Banc Rehearing by Court of Appealssubscribe to see similar legal issues
Application: The Ninth Circuit Court of Appeals has decided to rehear the case en banc, which involves a full panel of judges reviewing the case rather than the typical three-judge panel.
Reasoning: The Ninth Circuit Court of Appeals ordered the en banc rehearing of the case involving Armando Navarro-Lopez, the petitioner, against Alberto R. Gonzales, the Attorney General, marking case number 04-70345.
Precedential Effect of Panel Decisionssubscribe to see similar legal issues
Application: The previous opinion issued by the three-judge panel is no longer citable as precedent unless adopted by the en banc court.
Reasoning: Consequently, the prior opinion issued by a three-judge panel is rendered non-citable as precedent by this court or any district court within the Ninth Circuit, except where it has been adopted by the en banc court.