Afridi

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAHMATULLAH AFRIDI, 

Petitioner, No. 04-76600 v.  Agency No.

A27-338-200

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

Argued and Submitted February 15, 2006—San Francisco, California

Filed April 4, 2006

Before: Procter Hug, Jr., Arthur L. Alarcón, and M. Margaret McKeown, Circuit Judges.

Opinion by Judge Alarcón

3763 3766 AFRIDI v. GONZALES

COUNSEL

Kevin H. Knutson, Sacramento, California, for the petitioner.

Paul Fiorino and Margaret K. Taylor, United States Depart- ment of Justice, Civil Division, Washington, D.C., for the respondent. AFRIDI v. GONZALES 3767

OPINION

ALARCÓN, Circuit Judge:

Petitioner Rahmatullah Afridi petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal and ordering him removed to Afghanistan. Mr. Afridi contends that the BIA erred in finding him removable pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii) for having commit- ted an aggravated felony and in…