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 March 6, 2006

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

Opinion by Judge Bea

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

2171 2174 VALENCIA v. GONZALES

COUNSEL

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

Peter D. Kiesler, Donald E. Keener, Greg D. Mack, Office of Immigration Litigation, Washington D.C., for the respondent.

ORDER

The opinion filed on December 12, 2005, and reported at 431 F.3d 673, is hereby withdrawn and replaced by the opin- ion filed concurrently with this order. Further petitions for rehearing and for rehearing en banc will be accepted, and the time for filing petitions for rehearing shall run anew com- mencing on…