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SINGH v. NAPOLITANO

No. 07-16988.

649 F.3d 899 (2010)

Rajinder Pal SINGH, Petitioner-Appellant, v. Janet NAPOLITANO; Nancy Alcantar; Eric H. Holder Jr., Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2010.

Amended April 18, 2011.

Attorney(s) appearing for the Case

James Todd Bennett , El Cerrito, CA, for the petitioner-appellant.

Joseph P. Rusoniello , United States Attorney; Joann M. Swanson , Assistant United States Attorney; Edward Olsen , Assistant United States Attorney, San Francisco, CA, for the respondents-appellees.

Before: J. CLIFFORD WALLACE, JEROME FARRIS and M. MARGARET McKEOWN, Circuit Judges.

PER CURIAM Opinion; Dissent by Judge McKEOWN.

ORDER

The opinion filed on August 23, 2010 [619 F.3d 1101] is amended as follows:

On page 12609 [619 F.3d at 1104] of the slip opinion, line 5: Insert footnote"1" after the sentence that ends, "280." The text of the footnote should read: "Where an agency's adjudicatory action has a retroactive effect, we have applied a five-factor test to determine...

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