Kalouma

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN KALOUMA,  No. 03-74488 Petitioner, Agency No. v. A78-535-064 ALBERTO R. GONZALES, Attorney ORDERS General, Respondent.  AMENDING

OPINION AND

DISSENT AND

AMENDED

OPINION AND

AMENDED

 DISSENT

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted May 11, 2007—Pasadena, California

Filed August 28, 2007 Amended January 15, 2008

Before: John T. Noonan, Richard A. Paez, and Richard C. Tallman, Circuit Judges.

Opinion by Judge Noonan; Dissent by Judge Tallman COUNSEL

Mark A. Teeter, Newport Beach, California, for the petitioner.

Carol Federighi, Assistant United States Attorney, Washing- ton, D.C., for the respondent.

ORDER

The opinion filed on August 28, 2007 is amended as fol- lows:

Slip op. page 10750 [2], Strike the paragraph in its entirety and substitute the following:

On petition for rehearing, the government now supports its case by citation of Farah v. Ashcroft, 348 F.3d 1153 (9th Cir. 2003). No question exists that an asylum seeker must…