FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SERGIO MARTINEZ-PEREZ,  Petitioner, No. 03-70531 v.  Agency No. A36-908-119 ALBERTO R. GONZALES,* Attorney General, ORDER Respondent.  Filed August 2, 2005 Before: A. Wallace Tashima, Raymond C. Fisher, and Richard C. Tallman, Circuit Judges.

ORDER The opinion filed on December 29, 2004, and reported at 393 F.3d 1018, is withdrawn and the amended opinion filed concurrently with this order is substituted in its place. The time for filing petitions for rehearing shall run anew com- mencing on the filed date of the amended opinion, in accor- dance with Fed. R. App. P. 40(a)(1) and 35(c).

*Alberto R. Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States, pursuant to Fed. R. App. P. 43(c)(2).

8853 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2005 Thomson/West.