Oh

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KYU O. OH, 

Petitioner, No. 03-73131 v.  Agency No.

A39-765-209

ALBERTO GONZALES,* Attorney General, OPINION Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted February 16, 2005—San Francisco, California

Filed May 2, 2005

Before: Dorothy W. Nelson, William A. Fletcher and Raymond C. Fisher, Circuit Judges.

Opinion by Judge Fisher

*Alberto Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States, pursuant to Fed. R. App. P. 43(c)(2). COUNSEL

Alex C. Park, Santa Clara, California, for the petitioner.

Mary Jane Candaux, Anthony W. Norwood, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondent.

OPINION

FISHER, Circuit Judge:

Petitioner Kyu Oh (“Oh”) appeals the Board of Immigra- tion Appeals’ (“BIA”) denial of her motion to reconsider its rejection of her notice of appeal of an Immigration Judge’s (“IJ”) decision as being…