Vukmirovic

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PREDRAG VUKMIROVIC,  No. 05-75936 Petitioner, Agency No. v.  A072-443-690 ERIC H. HOLDER Jr., Attorney

OPINION ON

General,

REHEARING

Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted April 14, 2010—San Francisco, California

Filed April 6, 2011

Before: Mary M. Schroeder and Johnnie B. Rawlinson, Circuit Judges, and James Maxwell Moody, District Judge.*

Opinion by Judge Schroeder

*The Honorable James Maxwell Moody, Senior United States District Judge for the Eastern District of Arkansas, sitting by designation. COUNSEL

David Gardner, Los Angeles, California, for petitioner Pre- drag Vukmirovic.

Liza Murcia, Department of Justice, Washington, D.C., for respondent Eric H. Holder Jr., Attorney General.

OPINION

SCHROEDER, Circuit Judge:

We have taken the unusual step of granting rehearing in this case upon our review of the Government’s Petition for Rehearing en Banc and Petitioner’s response to it. The panel has now concluded that our original opinion, Vukmirovic v. Holder, 621 F.3d 1043…