Manalastas
Manalastas v. Holder
Opinion
Lead Opinion
ORDER AMENDING MEMORANDUM DISPOSITION AND DENYING PETITION FOR REHEARING.
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:
On pages 2-3 of the Memorandum Disposition, the following sentences are inserted following the reference to 8 U.S.C. § 1101 (a)(48)(B) and United States v. Echavarria-Escobar, 270 F.3d 1265, 1270 (9th Cir.2001):
Due to these modifications, the last sentence of the Memorandum Disposition is deleted: “Given our resolution of this issue, we do not need to address the separate arguments regarding how a sentence imposed pursuant to a probation violation should be calculated for immigration purposes.”
An amended Memorandum Disposition will be filed simultaneously with this order.