Tapia

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE DE JESUS TAPIA, 

Petitioner, No. 03-74615 v.  Agency No.

A79-255-521

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

Argued and Submitted May 4, 2005—Portland, Oregon

Filed December 6, 2005

Before: Alfred T. Goodwin and Richard R. Clifton, Circuit Judges, and John S. Rhoades, Sr.,** District Judge.

Opinion by Judge Clifton

*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 John S. Rhoades, Sr., Senior United States District Judge for the Southern District of California, sitting by designation.

15727 TAPIA v. GONZALES 15731

COUNSEL

Phillip Smith (argued) and Raquel E. Hecht, Hecht & Smith, LLP, Eugene, Oregon, for the petitioner.

William C. Erb (argued) and Theresa M. Healy, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the…