RANGEL-ZUAZO

Before: SUSAN P. GRABER and MILAN D. SMITH, JR., Circuit Judges, and ROGER T. BENITEZ, [*] District Judge.

The opinion filed January 31, 2011, slip opinion page 1867, and published at 633 F.3d 848 , is withdrawn.

PER CURIAM:

Petitioner Manuel Alejandro Rangel-Zuazo petitions for review of a final order of removal issued by the Board of Immigration Appeals ("BIA") on May 10, 2007. In its order, the BIA affirmed an earlier decision holding that, although Petitioner was thirteen or fourteen years old at the time of the relevant offense, the Federal Juvenile Delinquency Act ("FJDA"), 18 U.S.C. §§ 5031-5042 , did not apply to Petitioner's conviction because Petitioner was charged as an adult and received his conviction after reaching majority age. Therefore, Petitioner's conviction did not constitute a juvenile adjudication, and Petitioner was subject to removal under 8 U.S.C. § 1227 (a)(2)(A)(iii). The BIA further determined that Petitioner was ineligible for a waiver under former section 212(c) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1182 (c) (1994), repealed by Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, § 304 (b),…