
    Narayan Prasad NATH, Petitioner-Appellant, v. Alberto R. GONZALES, Attorney General, Michael Chertoff, Secretary of Homeland Security, Respondents-Appellees.
    No. 05-16557.
    United States Court of Appeals, Ninth Circuit.
    Nov. 3, 2006.
    Christopher J. Stender, Esq., Stender & Pope, PC, Phoenix, AZ, for Petitioner-Appellant.
    Cynthia M. Parsons, USPX — Office of the U.S. Attorney, Phoenix, AZ, for Respondents-Appellees.
    Before: HUG, MERRITT, and PAEZ, Circuit Judges.
    
      
       The Honorable Gilbert Stroud Merritt, Jr., Senior United States Circuit Judge for the Sixth Circuit, sitting by designation.
    
   ORDER

The mandate issued October 17, 2006, is hereby recalled. The memorandum disposition filed August 24, 2006, is hereby withdrawn. An authored opinion shall be filed simultaneously with this order.  