Penuliar

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NOPRING PAULINO PENULIAR,  No. 03-71578 Petitioner, Agency No. v. A44-948-659 ALBERTO R. GONZALES,* Attorney ORDER General, AMENDING Respondent. OPINION AND  DENYING

PETITION FOR

PANEL

REHEARING AND

PETITION FOR

REHEARING EN

BANC AND

AMENDED

 OPINION

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted December 10, 2004—Pasadena, California

Filed January 12, 2005 Amended January 23, 2006

Before: James R. Browning, Harry Pregerson, and Marsha S. Berzon, Circuit Judges.

*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).

807 808 PENULIAR v. GONZALES Opinion by Judge Pregerson 810 PENULIAR v. GONZALES

COUNSEL

Melanie Jo Triebel, O’Melveny & Myers LLP, Newport Beach, California, for the petitioner.

Nicole Nardone (argued) and Jennifer Paisner (briefed), Office of…