Chaidez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RIGOBERTO CHAIDEZ,  No. 02-71966 Petitioner, Agency No. v. A72-141-214 ALBERTO R. GONZALES, Attorney  ORDER General, AMENDING Respondent. OPINION AND

AMENDED

 OPINION

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted September 14, 2006—San Francisco, California

Filed February 14, 2007 Amended May 17, 2007

Before: Betty B. Fletcher and Marsha S. Berzon, Circuit Judges, and David G. Trager,* District Judge.

Opinion by Judge Berzon

*The Honorable David G. Trager, Senior United States District Judge for the Eastern District of New York, sitting by designation.

5805 5808 CHAIDEZ v. GONZALES

COUNSEL

Derek F. Foran (argued), Andrew Sabey, Claudia Vetési, and Brian Orion, Morrison & Foerster LLP, Walnut Creek, Cali- fornia, for the petitioner.

Anh-Thu P. Mai (argued) and Stephen J. Flynn, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the…