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PENULIAR v. MUKASEY

No. 03-71578.

528 F.3d 603 (2008)

Nopring Paulino PENULIAR, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Amended June 10, 2008.

Attorney(s) appearing for the Case

Joel S. Feldman, Paul J. Zidlicky, and Melanie Jo Triebel, Sidley Austin LLP, Chicago, IL, for the petitioner.

Jennifer Paisner, Office of Immigration Litigation, U.S. Department of Justice, Civil Division, Washington, DC, for the respondent.

Before: JAMES R. BROWNING, HARRY PREGERSON, and MARSHA S. BERZON, Circuit Judges.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The Opinion filed April 22, 2008, slip op. 4219, 523 F.3d 963, is amended as follows:

1. At slip op. 4226-27, 523 F.3d at 967-68, replace the two paragraphs that begin

<"We have construed ... > and end <... sought to distinguish for heightened punishment and other crimes." Id. > with <We...

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