Jose Manuel Ochoa-Amaya v. Alberto R. Gonzales, Attorney General

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed December 29, 2006, is hereby amended as follows:

At the slip opinion page 20052, and 472 F.3d 674, 677 (9th Cir.2006), in the paragraph beginning with “We have jurisdiction to review BIA’s denial of Ochoa-Ama-ya’s motion to reopen ....,” delete the final sentence:

And replace with the following sentence:

At the slip opinion pages 20054-55, and 472 F.3d at 678 , in the paragraph beginning with “Oehoa-Amaya’s interpretation stems from an erroneous reading of subsection (h)(2) of 8 U.S.C. § 1153 , which describes the petitions ....,” delete the final sentence:

The mandate shall issue forthwith.

OPINION

Jose Ochoa-Amaya seeks judicial review of the Board of Immigration Appeals’ (BIA) final order denying his motion to reopen to allow consideration of his application for adjustment of status pursuant to 8 U.S.C. § 1255 (i). BIA rejected the motion because it determined that Ochoa-Amaya did not qualify as a child under the Child Status Protection Act (CSPA), Pub.L. No. 107-208, 116 Stat. 927 (2002), and so could not show statutory eligibility for adjustment of status. We agree with BIA’s interpretation of the…