Full Opinion

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 3 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SERVICE EMPLOYEES No. 26-7303 INTERNATIONAL UNION, AFL-CIO; D.C. No. AMERICAN FEDERATION OF STATE, 3:26-cv-12800-TLT COUNTY & MUNICIPAL EMPLOYEES, Northern District of California, AFL-CIO; LEAGUE OF UNITED LATIN San Francisco AMERICAN CITIZENS; NATIONAL ASSOCIATION FOR THE ORDER ADVANCEMENT OF COLORED PEOPLE, Plaintiffs - Appellees, v. DOJ - UNITED STATES DEPARTMENT OF JUSTICE; TODD BLANCHE, Attorney General, in his official capacity as Attorney General; UNITED STATES DEPARTMENT OF HOMELAND SECURITY; MARKWAYNE MULLIN, in his official capacity as Secretary of Homeland Security, Defendants - Appellants. Before: S.R. THOMAS, Senior Circuit Judge and En Banc Coordinator. The full court was advised of the petition for full court rehearing en banc. A deadline was set by which any judge could request a vote on whether the en banc panel’s November 3, 2026, order for publication should be reheard en banc before the full court. A judge requested a vote on whether to rehear the en banc panel’s order en banc before the full court. A majority of the nonrecused active judges did not vote in favor of full court rehearing en banc. Accordingly, the petition for full court rehearing en banc is denied. En banc proceedings with respect to the en banc panel’s order are concluded. 2 26-7303