Testo completo
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STATE OF HAWAII; ISMAIL ELSHIKH,
Plaintiffs-Appellees,
v.
DONALD J. TRUMP, in his official
capacity as President of the United
States; U.S. DEPARTMENT OF
HOMELAND SECURITY; JOHN F.
KELLY, in his official capacity as
Secretary of Homeland Security;
U.S. DEPARTMENT OF STATE; REX
W. TILLERSON, in his official
capacity as Secretary of State;
UNITED STATES OF AMERICA,
Defendants-Appellants.
No. 17-15589
D.C. No.
1:17-cv-00050-
DKW-KSC
ORDER
Filed April 21, 2017
ORDER
THOMAS, Chief Judge and En Banc Coordinator:
The full court was advised of the petition for initial
hearing en banc. A judge requested a vote on whether to hear
the matter en banc before the limited en banc court. Another
judge requested a vote on whether to hear the matter en banc
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STATE OF HAWAII V. TRUMP 2
before the full court. The matter failed to receive a majority
of the votes of the nonrecused active judges in favor of initial
en banc consideration. Fed. R. App. P. 35. Therefore, initial
en banc proceedings are concluded, and all remaining issues
will be decided by the three-judge panel. The denial of the
request for initial hearing en banc does not preclude any party
from filing a petition for rehearing en banc pursuant to the
applicable rules following issuance of the panel opinion.
This case is scheduled for oral argument before the three-
judge panel at 9:30 a.m. on Monday, May 15, 2017, in Seattle
Washington.
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