Fernandez-Ruiz

FOR PUBLICATION

FILED

UNITED STATES COURT OF APPEALS

MAY 31 2005

FOR THE NINTH CIRCUIT CATHY A. CATTERSON, CLERK

U.S. COURT OF APPEALS

JOSE ROBERTO FERNANDEZ-RUIZ, No. 03-74533

Petitioner, Agency No. A90-116-400

v.

OPINION

* ALBERTO R. GONZALES , Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted May 10, 2005 San Francisco, California

Filed May 31, 2005

Before: REINHARDT, NOONAN, and FERNANDEZ, Circuit Judges.

REINHARDT, Circuit Judge

Jose Roberto Fernandez-Ruiz, a native and citizen of Mexico, petitions for

review of the Board of Immigration Appeals’ order affirming an immigration

* 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). judge’s decision to rescind Fernandez-Ruiz’s lawful permanent resident status,

remove him from the country, and deny him any relief from removal. We deny the

petition.

The government argues that we lack jurisdiction under 8 U.S.C. §

1252(a)(2)(C) for three separate reasons. Specifically, it…