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ORTIZ-MAGANA v. MUKASEY

No. 06-72797.

542 F.3d 653 (2008)

Gerardo ORTIZ-MAGANA, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2008.

Amended September 9, 2008.

Attorney(s) appearing for the Case

Kari E. Hong, Esq., Law Offices of Kari E. Hong, Portland, OR, for the petitioner.

Dalin R. Holyoak, Esq., Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for the respondent.

Before: BARRY G. SILVERMAN, M. MARGARET McKEOWN, and RICHARD C. TALLMAN, Circuit Judges.

ORDER

The opinion filed on April 28, 2008, and published at 523 F.3d 1042 (9th Cir.2008), is AMENDED as follows:

Page 1050: The second full paragraph (under subsection 3) reads: "Finally, we must afford at least some deference to the BIA's legal determination that aiding and abetting falls within the definition of a violent crime. Ortega-Cervantes v. Gonzales, 501 F.3d 1111

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