Celestino Silva-Calderon v. John Ashcroft, Attorney General

We grant Petitioner’s Petition for Rehearing. The opinion filed February 23, 2004, and appearing at 358 F.3d 1175 (9th Cir.2004), ■ is .withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

We previously held in this case that we lacked jurisdiction to review Petitioner Silva — Calderon’s two procedural due process challenges — one relating to a decision of an Immigration Judge (“U”) refusing to grant a subpoena, and the other relating to the IJ’s denial of a continuance. We reached the conclusion that we were without jurisdiction to address these issues because the certified administrative record on appeal did not indicate that Silva-Calderon had raised them in a brief to the Board of Immigration Appeals (“the Board”) after,the IJ’s denial of cancellation of removal.-. ■

After our opinion was filed, Silva-Calderon sought panel rehearing, advising us that he. had filed- with the Board a brief that addressed the issues that our opinion held were not exhausted. Silva-Calderon also filed with the petition for rehearing a motion to supplement the certified administrative record with a copy of that brief, and he asked us to…