KOZINSKI
Cecillia D. Wang, American Civil Liberties Union Foundation, San Francisco, CA, Esha Bhandari, ACLU Immigrants' Rights Project, New York, NY, Dan Pochoda, ACLU of Arizona, Phoenix, AZ, Andre Segura, American Civil Liberties Union Foundation, New York, NY, Kenneth J. Sugarman, Rudy, Exelrod, Zieff & Lowe, LLP, San Francisco, CA, for Plaintiffs–Appellants. Timothy James Casey, Esquire, Litigation Counsel, Schmitt, Schneck, Smyth & Herrod PC, Phoenix, AZ, Anne C. Longo, Bruce P. White, Maricopa County Attorney's Office, Phoenix, AZ, for Defendants–Appellees.
D.C. No. 2:08–cv–00660–SRB.
ORDER
KOZINSKI, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35–3. The three judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. Judges MURGUIA and HURWITZ did not participate in the deliberations or vote in this case.