Castro-Martinez

Judith Marty, Fullerton, CA, for the petitioner.

Gregory G. Katsas, Assistant Attorney General, Civil Division, Mary Jane Candaux, Assistant Director, Aimee J. Frederickson, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: M. MARGARET McKEOWN, WILLIAM A. FLETCHER, and RICHARD R. CLIFTON, Circuit Judges.

The opinion filed on April 15, 2011, is amended as follows:

1. At page 5118 of the slip opinion ( 641 F.3d 1103, 1107 ), omit the following sentence and citation from the end of the paragraph at the top of the page:

2. At page 5118 of the slip opinion ( 641 F.3d at 1108 ), insert the following at the end of the paragraph beginning "Likewise," after " See Baballah v. Ashcroft, 367 F.3d 1067, 1078 (9th Cir.2004)":

3. At pages 5118-19 of the slip opinion ( 641 F.3d at 1108 ), replace the first citation and beginning of the next sentence:

with the following:

4. At pages 5118-19 of the slip opinion ( 641 F.3d at 1108 ), replace the text of footnote 1 with:

5. At page 5119 of the slip opinion ( 641 F.3d at 1108 ), replace "unwillingness" in the first full sentence with "lack of ability or…