Singh

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GULZAR SINGH,  Nos. 03-72197 Petitioner, 03-74613 v.  Agency No. ALBERTO R. GONZALES, Attorney A76-458-043 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 June 24, 2005

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

Opinion by Judge Lay

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

7573 7576 SINGH v. GONZALES

COUNSEL

Martin Resendez Guajardo, Law Office of Martin Resendez Guajardo, San Francisco, California, for the petitioner.

Andrew C. MacLachlan, United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, D.C., for the respondent.

OPINION

LAY, Circuit Judge:

Petitioner Gulzar Singh seeks review of…