Valencia-Alvarez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL VALENCIA-ALVAREZ, 

Petitioner, No. 05-70275 v.  Agency No.

A42-909-915

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

Argued and Submitted June 7, 2006—Seattle, Washington

Filed December 6, 2006

Before: David R. Thompson, A. Wallace Tashima, and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Callahan

19189 19192 VALENCIA-ALVAREZ v. GONZALES

COUNSEL

Bernice Funk, Seattle, Washington, for the petitioner.

Peter D. Keisler, David V. Bernal, Russell J.E. Verby, Cindy S. Ferrier, Department of Justice, Washington, D.C., for the respondent. VALENCIA-ALVAREZ v. GONZALES 19193

OPINION

CALLAHAN, Circuit Judge:

Petitioner, Daniel Valencia-Alvarez, a native and citizen of Mexico, seeks relief from the Board of Immigration Appeals’ determinations that he was removable for having been con- victed of a controlled substance offense and that he was ineli- gible for cancellation of removal because his continuous presence in the United…