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MALTA-ESPINOZA v. GONZALES

No. 04-71140.

478 F.3d 1080 (2007)

Fernando MALTA-ESPINOZA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2007.

Attorney(s) appearing for the Case

Lory D. Rosenberg, IDEA Immigration Defense & Expert, Assistance Consultation, Darnestown, MD, for the petitioner.

William C. Erb, Jr., Office of Immigration Litigation, Civil Division, Department of Justice, Washington, DC, for the respondent.

Paul C. Workman, Holland & Knight, Los Angeles, CA, for the amicus curiae.

Before MARY M. SCHROEDER, Chief Circuit Judge, WILLIAM C. CANBY, JR., Circuit Judge, and KEVIN THOMAS DUFFY, District Judge.

ORDER AND OPINION

CANBY, Circuit Judge.

ORDER

The petition for panel rehearing is GRANTED. The memorandum disposition filed on June 30, 2005, 137 Fed.Appx. 985, is withdrawn and is replaced by an opinion and dissent filed contemporaneously with this order.

The petition for rehearing en banc is dismissed as moot.

OPINION

Fernando Malta-Espinoza, a native and citizen of Mexico who is a permanent resident of the United States...

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