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U.S. v. Reveles-Espinoza (9th Cir. - April 15, 2008)

By Shaun Martin

"So you want to petition for rehearing and rehearing en banc with respect to our memorandum disposition, eh? Maybe getting a little traction on the latter, are you? So be it. We hereby vacate the memo dispo and replace it with an opinion that's a bit more solid in its analysis, and hence more difficult to attack. Oh -- and this will shock you, I know -- the opinion comes out the same way. So you still get deported. One last thing. We'll publish this one. So now it's precedent. Ha!"

As wise practitioners know, sometimes it doesn't pay to petition for rehearing, and you should instead make a beeline for en banc or Supreme Court review.

Full post as published by California Appellate Report on April 15, 2008 (boomark / email).