GUTIERREZ-CHAVEZ v. I.N.S

The opinion filed July 31, 2002, is amended as follows:

298 F.3d 824, 829, line 23 (second column, after "apple"):

Add the following footnote: "We do not confront here a claim of failure to exercise discretion or manifest injustice."

With this amendment, a majority of the panel has voted to deny Petitioner-Appellant's petition for rehearing. Judge McKeown voted to grant the petition for rehearing. Judge B. Fletcher and Judge D.W. Nelson voted to deny the petition for rehearing.

The petition for rehearing is DENIED.