Opinion
Agency No. A77-840-127
Before: D.W. NELSON, THOMPSON, and PAEZ, Circuit Judges.
ORDER AMENDING OPINION
The Respondent’s Motion to Amend Decision, which motion was filed February 14, 2007, is granted in part.
The first sentence of the first paragraph of Section II.A.2 of the Opinion filed January 3, 2007, and published at 472 F.3d 689, 695 (9th Cir. 2007), is amended by deleting therefrom the following language:
Although we lack jurisdiction to review the IJ’s finding that Morales was removable, we have jurisdiction to review the IJ’s denial of Morales’s applications for asylum and withholding of removal.
The following sentence is inserted in place of the deleted sentence:
Although we lack jurisdiction to review the IJ’s finding that Morales was removable, we have jurisdiction to review the IJ’s denial of Morales’s application for asylum, pursuant to 8 U.S.C. § 1252(a)(2)(B)(ii), and to review the IJ’s denial of Morales’s application for withholding of removal to the extent that Morales raises questions of law, including mixed questions of law and fact, or constitutional claims. See 8 U.S.C. § 1252(a)(2)(D); Ramadan v. Gonzales, No. 03-74351,___ F.3d ___, ___ 2007 U.S. App. LEXIS 3803, at *2, 9 (9th Cir. Feb. 22, 2007).