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JIE LIN v. ASHCROFT

No. 02-70662.

377 F.3d 1014 (2004)

JIE LIN, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 26, 2004.

Amended August 4, 2004.

Attorney(s) appearing for the Case

Amos E. Hartston, Melissa K. Pifko and Adrian F. Davis, Latham & Watkins, LLP, Los Angeles, CA, for the petitioner.

Daniel E. Goldman and Christine A. Bither, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for the respondent.

Before: B. FLETCHER, KOZINSKI, and TROTT, Circuit Judges.

ORDER

The panel, with the following amendments, has voted to deny the petition for panel rehearing. The opinion published at 356 F.3d 1027 (9th Cir.2004) is amended as follows:

1. Op. at 1035, lines 5-12 of Section III.A.2: Delete We have held that such a due process challenge requires two showings. First, the petitioner must allege facts to allow the court "to infer...

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