Case 1:17-cv-00050-DKW-KSC Document 285 Filed 04/21/17 Page 1 of 2
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FILED
FOR PUBLICATION

APR 21 2017

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK
U.S . 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,

No.

17-15589

D.C.No.
1:17-cv-00050-DKW-KSC
District of Hawaii,
Honolulu

ORDER

Defendants-Appellants.

THOMAS, Chief Judge and En Banc Coordinator:
The full court was advised of the petition for initial hearing en bane. A
judge requested a vote on whether to hear the matter en bane before the limited en
bane court. Another judge requested a vote on whether to hear the matter en bane
before the full court. The matter failed to receive a majority of the votes of the
nonrecused active judges in favor of initial en bane consideration. Fed. R. App. P.
Case: 17- 15589, 04/21/20 17, ID: 10406467, DktEntry: 184, Page 1 of2

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35. Therefore, initial en bane proceedings are concluded, and all remaining issues
will be decided by the three-judge panel. The denial of the request for initial
hearing en bane does not preclude any party from filing a petition for rehearing en
bane 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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Case: 17-15589, 04/21/20 17, ID: 10406467, DktEntry: 184, Page 2 of2