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Al-Bihani v. Obama

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT


August 31, 2010

GHALEB NASSAR AL-BIHANI, APPELLANT
v.
BARACK OBAMA, PRESIDENT OF THE UNITED STATES, ET AL., APPELLEES

Appeal from the United States District Court for the District of Columbia (No. 1:05-cv-01312).

On Petition for Rehearing En Banc

BEFORE: Sentelle, Chief Judge, and Ginsburg, Henderson, Rogers, Tatel, Garland, Brown, Griffith, and Kavanaugh, Circuit Judges.

ORDER

Appellant=s petition for rehearing en banc and the response thereto were circulated to the full court, and a vote was requested. Thereafter, a majority of the judges eligible to participate did not vote in favor of the petition. Upon consideration of the foregoing and the brief of amici curiae, it is

ORDERED that the petition be denied.

* A statement by Chief Judge Sentelle and Circuit Judges Ginsburg, Henderson, Rogers, Tatel, Garland, and Griffith, concurring in the denial of rehearing en banc, is attached.

* A statement by Circuit Judge Brown, concurring in the denial of rehearing en banc, is attached.

* A statement by Circuit Judge Kavanaugh, concurring in the denial of rehearing en banc, is attached.

* A statement by Senior Circuit Judge Williams is attached.

20100831

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