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CHEEMA v. ASHCROFT

No. 02-71311.

383 F.3d 848 (2004)

Harpal Singh CHEEMA; Rajwinder Kaur, Petitioners, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 24, 2004.

Amended August 6, 2004.

Second Amendment September 8, 2004.

Attorney(s) appearing for the Case

Robert B. Jobe, San Francisco, CA, for the petitioners.

Ethan B. Kanter, Department of Justice, Office of Immigration and Litigation, Washington, D.C., for the respondent.

Ravinder S. Bhalla, Krovatin & Associates, LLC; Newark, NJ, for amicus curiae the Sikh Coalition.

Before NOONAN, McKEOWN, and RAWLINSON, Circuit Judges.

ORDER AND AMENDED OPINION

NOONAN, Circuit Judge.

ORDER

The opinion filed on June 24, 2004, and amended on August 6, 2004 is amended as follows:

At slip. op. page 10535, delete the paragraph that begins with "As the Board did not complete ...", and replace with "Because the Board erred in determining whether Cheema was a "danger to the security of the United States," we remand to the Board to make that determination using the correct inquiry...

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