Gu

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

XIAOGUANG GU, 

Petitioner, No. 02-74417 v.  Agency No.

A75-653-110

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

Argued and Submitted April 2, 2004—Pasadena, California

Filed December 1, 2005

Before: Harry Pregerson, Robert R. Beezer, and Richard C. Tallman, Circuit Judges.

Opinion by Judge Beezer; Dissent by Judge Pregerson

*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).

15585 15588 GU v. GONZALES

COUNSEL

Joseph S. Porta, Law Offices of Cohen & Kim, Los Angeles, California, for the petitioner.

Daniel D. McClain, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

OPINION

BEEZER, Circuit Judge:

Xiaoguang Gu, a native and citizen of China, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the…