Huang

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BI SONG HUANG,  No. 03-16730 Petitioner-Appellant, D.C. No. v.  CV-03-03079-MJJ JOHN ASHCROFT, Attorney General, ORDER AND Respondent-Appellee. AMENDED  OPINION

Appeal from the United States District Court for the Northern District of California Martin J. Jenkins, District Judge, Presiding

Argued and Submitted November 3, 2004—San Francisco, California

Filed December 7, 2004 Amended January 31, 2005

Before: William C. Canby, Jr., Pamela Ann Rymer, and Michael Daly Hawkins, Circuit Judges.

Opinion by Judge Rymer

1239 1242 HUANG v. ASHCROFT

COUNSEL

James Todd Bennett, El Cerrito, California, for the petitioner- appellant.

Edward A. Olsen, Assistant United States Attorney, San Fran- cisco, California, for the respondent-appellee.

ORDER

The government’s motion for clarification or amendment of the panel opinion is GRANTED. The opinion filed December 7, 2004, and appearing at 390 F.3d 1118 (9th Cir. 2004), slip op. 16557, is ordered amended as follows:

At 390 F.3d 1118, 1121, slip op. at 16562, after the sen- tence that…