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PEDROZA-PADILLA v. GONZALES

No. 03-74640.

486 F.3d 1362 (2007)

Rodolfo PEDROZA-PADILLA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submission Vacated October 6, 2006.

Resubmitted January 18, 2007.

Filed May 15, 2007.

Attorney(s) appearing for the Case

Barbara K. Strickland, San Deigo, CA, argued the cause for the petitioner and filed briefs in support of the petitioner.

Erica B. Miles, Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, argued the cause and filed a brief for the respondent. Peter D. Keisler, Assistant Attorney General, Civil Division, and Terri J. Scadron, Assistant Director, were on the brief. Peter D. Keisler, Assistant Attorney General, Civil Division, Linda S. Wernery, Assistant Director, and Erica B. Miles, Attorney, Office of Immigration Litigation, U.S. Department of Justice, filed a supplemental brief in support of the respondent.

Before: ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN, and JAY S. BYBEE, Circuit Judges.

ORDER AND OPINION

O'SCANNLAIN, Circuit Judge.

ORDER

Respondent's request for publication is GRANTED. The memorandum disposition, located at 2007 WL 295496 (9th Cir. Jan. 29, 2007), is withdrawn. A superseding opinion will be filed simultaneously with this Order. No further petitions for rehearing or rehearing en banc may be filed.

OPINION

We must decide whether a waiver of inadmissibility under the Immigration Reform and Control...

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