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Click here for the full text of this decision FACTS:Treating the petition for rehearing en banc as a petition for panel rehearing, the court denies the petition for panel rehearing. OPINION:Per curiam; before Jolly, Smith and Garza, J.J. DISSENT:Smith, J.; Jones, C.J., and Benavides, Stewart and Dennis, J.J. “This court has one of the largest immigration dockets of any circuit. The question raised here � whether a timely filed motion to reopen tolls an alien’s voluntary departure period � affects a large number of aliens in this circuit and elsewhere. After losing in his proceedings before the Board of Immigration Appeals, Mr. Banda-Ortiz proceeded pro se in this court by filing a petition for review, stating in his brief that he lacked the funds to attend oral argument; because, in any event, this court rarely if ever grants argument to pro se litigants, the case was submitted on the briefs alone. After the matter was decided in the government’s favor, the Jones Day law firm has ably represented Mr. Banda-Ortiz as pro bono counsel in filing a petition for rehearing en banc. . . . “There certainly may be times when we are justified in creating a circuit split, but this issue is important enough that the entire court should be willing to review it, with both sides now represented by counsel, to make sure the position taken by the panel majority is correct.”

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