Chun He LI, Petitioner v. John ASHCROFT, Attorney General, Respondent, 396 F.3d 1073

Dissent by Judge HAWKINS. ORDER A judge sua sponte called for rehearing en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35(b). Accordingly, the sua sponte call for rehearing en banc is rejected. The mandate shall issue in due course.