Valencia

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

VICTOR B. VALENCIA, 

Petitioner, No. 03-72028 v.  Agency No.

A70-972-808

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

Argued and Submitted December 9, 2004—San Francisco, California

Filed May 12, 2005

Before: Diarmuid F. O’Scannlain, Robert E. Cowen,** and Carlos T. Bea, Circuit Judges.

Opinion by Judge Bea; Concurrence by Judge Bea

*Alberto R. Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States, pursuant to Fed. R. App. P. 43(c)(2). **The Honorable Robert E. Cowen, Senior United States Circuit Judge for the Third Circuit, sitting by designation. COUNSEL

James Todd Bennett, El Cerrito, California, for the petitioner.

Peter D. Keisler, Donald E. Keener, Greg D. Mack, Office of Immigration Litigation, Washington, D.C., for the respondent. 5188 VALENCIA v. GONZALES

OPINION

BEA, Circuit Judge:

Victor Valencia, a native and citizen of…