Perez-Mejia

ORDER

The motion for leave to file an amicus brief in support of the petitioner’s petition for rehearing, filed by Northwest Immigrant Rights Project on August 1, 2011, is GRANTED.

The opinion filed April 21, 2011, and appearing at 641 F.3d 1143 (9th Cir.2011), is AMENDED. An amended opinion will be filed concurrently with this order.

With this action, the panel has voted to deny the petition for panel rehearing. Judge Fisher has voted to deny the petition for rehearing en banc and Judges Tashima and Wolf have so recommended.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for panel rehearing and the petition for rehearing en banc are DENIED.

No further petitions for rehearing will be accepted.

OPINION

Petitioner Barbarito Perez-Mejia petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing an appeal from an order of removal to Mexico. At the outset of the removal proceedings before an Immigration Judge (“IJ”), Perez-Mejia’s counsel admitted that Perez-Mejia had been convicted in 1997 of possession of cocaine for…