Ochoa

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GERMAN OCHOA; CLAUDIA DIAZ,  No. 03-72322 Petitioners, Agency Nos. v.  A77-421-768 ALBERTO R. GONZALES, Attorney A77-421-769 General,

OPINION

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

Argued and Submitted April 15, 2005—San Francisco, California

Filed May 16, 2005

Before: Donald P. Lay,* Betty B. Fletcher, and Michael Daly Hawkins, Circuit Judges.

Opinion by Judge B. Fletcher

*The Honorable Donald P. Lay, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation.

5231 5234 OCHOA v. GONZALES

COUNSEL

Stephen Shaiken, Law Offices of Stephen Shaiken, San Fran- cisco, California, for the petitioners.

Peter D. Keisler, Richard M. Evans, & John L. Davis, Depart- ment of Justice, Civil Division, Office of Immigration Litiga- tion, Washington, D.C., for the respondent. OCHOA v. GONZALES 5235

OPINION

B. FLETCHER, Senior Circuit Judge:

German Ochoa, the primary petitioner, and his wife Clau- dia Diaz, the secondary petitioner, are natives and citizens of…