Peruta just went en banc
"THOMAS, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that
this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion and order denying motions to intervene shall not be cited as precedent by or to any court of the Ninth Circuit."
In the Ninth, that means the case will be reheard by a panel of ten randomly-chosen judges (out of around 28 active duty ones) plus the chief judge.