Ray

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAIB SINGH RAY, 

Petitioner, No. 03-72501 v.  Agency No.

A75-306-989

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

Argued and Submitted September 15, 2005—San Francisco, California

Filed January 20, 2006

Before: Betty B. Fletcher, John R. Gibson,* and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Betty Binns Fletcher

*The Honorable John R. Gibson, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation.

783 786 RAY v. GONZALES

COUNSEL

Abbe M. Goncharsky, Lewis and Roca LLP, Tucson, Ari- zona, for the petitioner.

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

OPINION

B. FLETCHER, Circuit Judge:

Jaib Singh Ray, a native and citizen of India, seeks asylum in the United States. An immigration judge (IJ), however, denied Ray’s application for asylum, and the Board of Immi- gration…