FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CARLOS RENE RIVAS-GOMEZ,  Petitioner, No. 03-72087 v.  Agency No. A74-705-590 ALBERTO R. GONZALES, Attorney General, ORDER Respondent.  Filed March 22, 2007 Before: Edward Leavy and Stephen S. Trott, Circuit Judges, and Louis H. Pollak,* Senior Judge.

ORDER The panel’s Opinion and dissent filed April 3, 2006, slip op. 3611, and appearing at 441 F.3d 1072 (9th Cir. 2006), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. The new Memoran- dum Disposition is filed concurrently with this order.

With this withdrawal of the opinion and the filing of the Memorandum Disposition, the petition for rehearing and the petition for rehearing en banc are denied as moot.

The parties may file a new petition for rehearing or sugges- tion for rehearing en banc as provided for by Federal Rule of Appellate Procedure 40.

*The Honorable Louis H. Pollak, Senior United States District Judge for the Eastern District of Pennsylvania, sitting by designation.

3385 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 © 2007 Thomson/West.