Arbid

ORDER

The opinion in the above-captioned matter filed on April 3, 2012, and published at 674 F.3d 1138 (9th Cir.2012), is amended as follows and is simultaneously filed with this order:

At slip opinion page 3655 [ 674 F.3d at 1142-43 ], line 27, replace with § 1231(b)(3)(B)(ii)>.

At slip opinion page 3656 [ 674 F.3d at 1143 ], footnote 3, line 3, add <, including legal challenges to § 1231(b)(3)(ii), > between < constitutional and legal challenges > and

At slip opinion page 3656 [ 674 F.3d at 1143 ], footnote 3, add, at the end of the footnote, < Moreover, challenges to the BIA’s interpretation of ambiguous statutory language would still be analyzed under the framework set out in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984). See INS v. Aguirre-Aguirre, 526 U.S. 415, 425 , 119 S.Ct. 1439 , 143 L.Ed.2d 590 (1999).>

At slip opinion page 3656 [ 674 F.3d at 1143 ], line 12, after <(internal quotation marks omitted) >, add: United States v. Hinkson, 585 F.3d 1247,…