Acosta

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRAULIO JUAN ACOSTA, 

Petitioner, No. 04-72682 v.  Agency No.

A78-740-597

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

Argued and Submitted December 5, 2005—Portland, Oregon

Filed February 23, 2006

Before: James R. Browning, Dorothy W. Nelson, and Diarmuid F. O’Scannlain, Circuit Judges.

Opinion by Judge O’Scannlain COUNSEL

Jennifer M. Rotman, Immigrant Law Group LLP, Portland, Oregon, argued the cause for the petitioner; Stephen W. Man- ning and Jessica M. Boell, Immigrant Law Group, Portland, Oregon, were on the briefs.

Barry Pettinato, United States Department of Justice, Wash- ington, D.C., argued the cause for the respondent; Peter D. Keisler, M. Jocelyn Lopez Wright, and Carol Federighi, United States Department of Justice, Washington, D.C., were on the brief. 1952 ACOSTA v. GONZALES

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether an inadmissible alien is eligible for penalty-fee adjustment…