Randy Cabantac v. Eric Holder, Jr.

Randy Cabantac v. Eric Holder, Jr.

Petitioner,:	RANDY PENARANDA CABANTAC, AKA Randy Reyes
Respondent,:	ERIC H. HOLDER, Jr., Attorney General
Case Number:	09-71336
Filed:	May 5, 2009
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Other

Opinions

We have the following opinions for this case:

Date Filed	Description
August 23, 2012	Cabantac v. Holder, Jr.
August 9, 2013	RANDY CABANTAC V. ERIC HOLDER, JR.

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Date Filed	Document Text
August 9, 2013	Filing 9025210870 Filed order (ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN and CARLOS T. BEA) ( Dissent to Order by Judge Murguia) Amending Disposition Opinion DENIED. The opinion filed on August 23, 2012, and appearing at 693 F.3d 825, is amended as follows: At slip opinion page 9632, 693 F.3d at 827, replace <Finally, it bears emphasizing that the amended abstract does not necessarily establish that Cabantac pleaded guilty only to the general state offense.> with <The amended abstract is not properly before this court because it was not part of the administrative record on which the order of removal is based. See 8 U.S.C. 1252(b)(4)(A) ( [T]he court of appeals shall decide the petition only on the administrative record on which the order of removal is based. ). However, it bears emphasizing that even the amended abstract does not necessarily establish that Cabantac pleaded guilty only to the general state offense. > With this amendment, the panel has unanimously voted to deny Petitioner s petition for rehearing and petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc. A judge of the court requested a vote on en banc rehearing. A majority of the non-recused active judges did not vote in favor of rehearing en banc. The petition for rehearing and the petition for rehearing en banc are DENIED. Judge Murguia s dissent from the denial of en banc rehearing is filed concurrently herewith. No further petitions shall be entertained. [8736975] [09-71336, 12-71459]

Date Filed

Document Text

August 9, 2013

Filing 9025210870 Filed order (ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN and CARLOS T. BEA) ( Dissent to Order by Judge Murguia) Amending Disposition Opinion DENIED. The opinion filed on August 23, 2012, and appearing at 693 F.3d 825, is amended as follows: At slip opinion page 9632, 693 F.3d at 827, replace <Finally, it bears emphasizing that the amended abstract does not necessarily establish that Cabantac pleaded guilty only to the general state offense.> with <The amended abstract is not properly before this court because it was not part of the administrative record on which the order of removal is based. See 8 U.S.C. 1252(b)(4)(A) ( [T]he court of appeals shall decide the petition only on the administrative record on which the order of removal is based. ). However, it bears emphasizing that even the amended abstract does not necessarily establish that Cabantac pleaded guilty only to the general state offense. > With this amendment, the panel has unanimously voted to deny Petitioner s petition for rehearing and petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc. A judge of the court requested a vote on en banc rehearing. A majority of the non-recused active judges did not vote in favor of rehearing en banc. The petition for rehearing and the petition for rehearing en banc are DENIED. Judge Murguia s dissent from the denial of en banc rehearing is filed concurrently herewith. No further petitions shall be entertained. [8736975] [09-71336, 12-71459]

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Petitioner,: RANDY PENARANDA CABANTAC, AKA Randy Reyes
Represented By:	Kara L. Hartzler
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Respondent,: ERIC H. HOLDER, Jr., Attorney General
Represented By:	Ronald E. LeFevre
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