San Pedro v. Ashcroft

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DEODERICO POLINTAN SAN PEDRO, 

Petitioner, No. 02-74367 Petitioner, v.  Agency No.

A41-250-336

JOHN ASHCROFT, Attorney General, OPINION Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Submitted June 10, 2004* Pasadena, California

Filed January 28, 2005

Before: Dorothy W. Nelson, Alex Kozinski, and Susan P. Graber, Circuit Judges.

Opinion by Judge D.W. Nelson

*The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a)(2)(C). COUNSEL

Nora E. Milner, Law Offices of Nora E. Milner, Esq., San Diego, California, for the petitioner.

Anthony P. Nicastro, United States Department of Justice, Washington, D.C., for the respondent.

OPINION

D.W. Nelson, Senior Circuit Judge:

Deoderico San Pedro petitions for review of the Board of Immigration Appeals’ (BIA) affirmance of the decision of the 1228 SAN PEDRO v. ASHCROFT immigration judge (IJ) to deny San Pedro a waiver of removal under…