Ornelas-Chavez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANCISCO ORNELAS-CHAVEZ, 

Petitioner, No. 04-72798 v.  Agency No.

A96-106-917

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

Argued and Submitted December 7, 2005—Portland, Oregon

Filed August 21, 2006

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

Opinion by Judge Browning; Dissent by Judge O’Scannlain

9961 9964 ORNELAS-CHAVEZ v. GONZALES

COUNSEL

Elizabeth B. Wydra, Washington, DC, for the petitioner.

Carol Federighi, U.S. Department of Justice, Washington, DC, for the respondent. ORNELAS-CHAVEZ v. GONZALES 9965

OPINION

BROWNING, Senior Circuit Judge:

Francisco Ornelas-Chavez timely petitions this court for review of a Board of Immigration Appeals (“BIA”) final order affirming the Immigration Judge’s (“IJ”) denial of his application for withholding of removal under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), 8 U.S.C. § 1231(b)(3), and the…