FILED
UNITED STATES COURT OF APPEALS FEB 08 2011
MOLLY C. DWYER, CLERK
FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS
JOSE MORENO-ALVAREZ, No. 07-73642
Petitioner, Agency No. A043-954-304
v.
ORDER
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
Before: FERNANDEZ, SILVERMAN, and CALLAHAN, Circuit Judges.
The panel amends the memorandum disposition filed on May 4, 2010 as
follows: delete the concluding sentence that reads, “Accordingly the petition for
review is hereby GRANTED” and insert the following, “Accordingly the petition
for review is hereby GRANTED and the case is REMANDED for any further
proceedings consistent with this disposition.”
With that change, Judges Fernandez and Callahan vote to deny the Petition
for Panel Pehearing and Judge Silverman votes to grant the petition. The Petition
for Panel Rehearing is DENIED. No further petitions will be entertained.