Alfredo Manalastas, Jr. v. Eric H. Holder Jr.

FILED

UNITED STATES COURT OF APPEALS JUL 18 2012

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS

ALFREDO MANALASTAS, Jr., No. 08-73260

Petitioner, Agency No. A036-124-784

v.

ORDER AMENDING

ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM DISPOSITION

AND DENYING PETITION FOR

Respondent. REHEARING.

Before: D.W. NELSON, FISHER, and CHRISTEN, Circuit Judges.

The Memorandum Disposition filed on May 18, 2012 is AMENDED as

follows:

On page 2 of the Memorandum Disposition, the following sentence is added,

“After Manalastas violated his probation, the state court terminated his probation

and ordered him to serve six months in county jail,” after the sentence which

states: “As a result, Manalastas received a one-year suspended sentence, 27 days in

jail, and three years of summary probation.” The next two sentences are also

modified to state the following:

Manalastas does not contest that his conviction under Section 273.5(a) constitutes a “crime of violence” as defined by 18 U.S.C. § 16. Instead, he contends that his…