Bozo Kelava v. Alberto R. Gonzales, Attorney General

ORDER AND AMENDED OPINION

ORDER

The Opinion filed on June 7, 2005, and appearing at 410 F.3d 625 (9th Cir.2005), is hereby amended, and the amended Opinion will be filed concurrently with this Order.

With the Opinion as amended, the panel has voted to deny Petitioner’s Petition for Rehearing and Petition for Rehearing En Banc.

The full court has been advised of the Petition for Rehearing En Banc and no Judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The Petition for Rehearing and the Petition for Rehearing En Banc are DENIED.

No further petitions for rehearing or for rehearing en banc will be entertained by this court.

OPINION

Bozo Kelava, a Croatian national, seeks review of a decision by the Board of Immigration Appeals (“BIA”). The BIA concluded Kelava was ineligible for a discretionary waiver of inadmissibility or cancellation of removal for having engaged in terrorist activity. In an issue of first impression, Kelava argues it is impermissibly retroactive to deny him eligibility for previously available discretionary relief, relying on the Supreme Court’s decision in INS v. St. Cyr, 533 U.S. 289 , 121 S.Ct. 2271 , 150 L.Ed.2d 347…