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MORALES-IZQUIERDO v. GONZALES

No. 03-70674.

486 F.3d 484 (2007)

Raul MORALES-IZQUIERDO, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

January 5, 2006.

Resubmitted June 22, 2006.

Filed February 6, 2007.

Amended May 8, 2007.

Attorney(s) appearing for the Case

Robert Pauw, Gibbs Houston Pauw, Seattle, WA, for the petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division; Jonathan F. Cohn, Deputy Assistant Attorney General; Donald E. Keener, Deputy Director, Office of Immigration Litigation; John Andre, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, Washington, DC, for the respondent.

Trina A. Realmuto and Nadine K. Wettstein, American Immigration Law Foundation, Washington, DC, as amici curiae in support of the petitioner.

Before MARY M. SCHROEDER, Chief Judge, HARRY PREGERSON, STEPHEN REINHARDT, ALEX KOZINSKI, PAMELA ANN RYMER, MICHAEL DALY HAWKINS, SIDNEY R. THOMAS, SUSAN P. GRABER, WILLIAM A. FLETCHER, RONALD M. GOULD and JAY S. BYBEE, Circuit Judges.

Proceedings Stayed January 5, 2006.

Opinion by Judge KOZINSKI; Dissent by Judge THOMAS.

ORDER AND AMENDED OPINION

KOZINSKI, Circuit Judge.

ORDER

The petition for panel rehearing is denied. See Fed. R.App. P. 40. Judges Pregerson, Reinhardt, Thomas and W. Fletcher would grant the petition. The opinion filed on February 6, 2007, slip op. at 1389 [477 F.3d 691], is amended as follows:

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