Chong Shin CHEN, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent, 411 F.3d 1049

Order; Dissent by Judge BEA. ORDER Judges Kozinski and Thomas have voted to deny the petition for rehearing. Judge Wallace has voted to grant the petition for rehearing. A judge of the Court sua sponte requested a vote on whether to rehear the case en banc. A vote was taken on the request, and it failed to receive a majority of the votes of the nonre-cused active judges in favor of en banc consideration. Fed. R.App. P. 35. The petition for panel rehearing is DENIED.