Valencia

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

VICTOR B. VALENCIA,  No. 03-72028 Petitioner, Agency No. v.  A70-972-808 ALBERTO R. GONZALES,* Attorney

ORDER AND

General,

OPINION

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

Argued and Submitted December 9, 2004—San Francisco, California

Filed December 12, 2005

Before: Diarmuid F. O’Scannlain, Robert E. Cowen,** and Carlos T. Bea, Circuit Judges.

Opinion by Judge Bea

*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 Robert E. Cowen, Senior United States Circuit Judge for the Third Circuit, sitting by designation.

16219 VALENCIA v. GONZALES 16221

COUNSEL

James Todd Bennett, El Cerrito, California, for the petitioner.

Peter D. Keisler, Donald E. Keener, Greg D. Mack, Office of Immigration Litigation, Washington, D.C., for the respondent. 16222 VALENCIA v. GONZALES

ORDER

The petition for rehearing and rehearing en banc is DENIED as moot. The opinion filed on May 12,…