Narrative Opinion Summary
The United States Court of Appeals for the Ninth Circuit has ordered that the case of Antonio De La Rosa-Rodriguez (Agency No. A208-084-297) be reheard en banc following a majority vote of nonrecused active judges. Consequently, the previous opinion issued by a three-judge panel, published at 49 F.4th 1282 in 2022, has been vacated. Notably, Judge Koh did not take part in the deliberations or vote regarding this case.
Legal Issues Addressed
Judicial Recusalsubscribe to see similar legal issues
Application: Judge Koh's non-participation in the case highlights the procedural aspect of judicial recusal where a judge abstains from deliberations or decisions to maintain impartiality or due to potential conflicts of interest.
Reasoning: Notably, Judge Koh did not take part in the deliberations or vote regarding this case.
Rehearing En Bancsubscribe to see similar legal issues
Application: The Ninth Circuit Court of Appeals decided to rehear the case en banc, which involves all active judges rather than a smaller panel, indicating the case's significance or the need to resolve conflicts in the court's decisions.
Reasoning: The United States Court of Appeals for the Ninth Circuit has ordered that the case of Antonio De La Rosa-Rodriguez (Agency No. A208-084-297) be reheard en banc following a majority vote of nonrecused active judges.
Vacatur of Panel Opinionsubscribe to see similar legal issues
Application: The previous opinion by the three-judge panel was vacated, meaning it is no longer valid and will not be considered as precedent or influence the en banc rehearing.
Reasoning: Consequently, the previous opinion issued by a three-judge panel, published at 49 F.4th 1282 in 2022, has been vacated.