
    Virgilio ANAYA-ORTIZ, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.
    No. 03-74666.
    United States Court of Appeals, Ninth Circuit.
    Jan. 27, 2009.
    Gary Finn, Esquire, Law Offices of Gary Finn, Indio, CA, for Petitioner.
    CAS-District Counsel, Esquire, Office of the District Counsel Department of Homeland Security, San Diego, CA, Jennifer Keenery, Esquire, Melissa Lynn Neiman-Kelting, Trial, Oil, U.S. Department of
    Justice, Washington, DC, Ronald E. Le-fevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: BERZON and IKUTA, Circuit Judges, and SINGLETON, Senior District Judge.
    
      
       The Honorable James K. Singleton, United States District Judge for the District of Alaska, sitting by designation.
    
   ORDER

The memorandum disposition filed August 27, 2007 is withdrawn. We replace it with a published opinion, filed concurrently with this order.

Anaya’s petition for panel rehearing is denied. The parties may file new petitions for rehearing and rehearing en banc in accordance with the Federal Rules of Appellate Procedure.  