Almaghzar

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ABDUL R. ALMAGHZAR,  No. 04-35863 Petitioner-Appellant, D.C. No. v. CV-04-01888-PA ALBERTO R. GONZALES, Attorney  ORDER General, AMENDING Respondent-Appellee. OPINION AND

AMENDED

 OPINION

Appeal from the United States District Court for the District of Oregon Owen M. Panner, Senior Judge, Presiding

Argued and Submitted September 12, 2005—Portland, Oregon

Filed June 8, 2006 Amended August 3, 2006

Before: Raymond C. Fisher, Ronald M. Gould, and Carlos T. Bea, Circuit Judges.

Opinion by Judge Gould; Partial Concurrence and Partial Dissent by Judge Fisher COUNSEL

Philip James Smith, Portland, Oregon, for petitioner-appellant Abdul R. Almaghzar.

Kenneth C. Bauman, Assistant United States Attorney, Port- land, Oregon, for respondent-appellee Alberto Gonzales, Attorney General. 8860 ALMAGHZAR v. GONZALES

ORDER

Respondent’s Unopposed Request for Modification of the Decision is GRANTED. The opinion filed on June 8, 2006, and published at 450 F.3d 415 (9th Cir.…