Penuliar

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NOPRING PAULINO PENULIAR,  No. 03-71578 Petitioner, v.  Agency No.

A44-948-659

JOHN ASHCROFT, Attorney General,

OPINION

Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted December 10, 2004—Pasadena, California

Filed January 12, 2005

Before: James R. Browning, Harry Pregerson, and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Pregerson

453 456 PENULIAR v. ASHCROFT

COUNSEL

Melanie Jo Triebel, O’Melveny & Myers LLP, Newport Beach, California, for the petitioner.

Nicole Nardone (argued) and Jennifer Paisner (briefed), Office of Immigration Litigation, U.S. Department of Justice, Civil Division, Washington, D.C., for the respondent.

OPINION

PREGERSON, Circuit Judge:

Nopring Paulino Penuliar petitions for review of a decision of the Board of Immigration Appeals (“BIA”). Penuliar, a lawful permanent resident, pled guilty to two counts of unlaw- ful driving or taking of a vehicle in violation of California Vehicle Code § 10851(a), and one count of evading an officer in violation of…