Urzua Covarrubias v. Gonzales

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NEFTALI URZUA COVARRUBIAS, 

Petitioner, No. 03-74661 v.  Agency No.

A70-912-560

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, 2006—Pasadena, California

Filed May 29, 2007

Before: Harry Pregerson, Barry G. Silverman, and Richard C. Tallman, Circuit Judges.

Opinion by Judge Tallman; Dissent by Judge Pregerson COUNSEL

Xavier Rosas, Law Office of Enrique Arevalo, Pasadena, Cal- ifornia, for the petitioner. 6354 URZUA v. GONZALES John C. Cunningham, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, Washington, D.C., for the respondent.

OPINION

TALLMAN, Circuit Judge:

Neftali Urzua Covarrubias (“Urzua”) petitions for review of an order of the Board of Immigration Appeals (“BIA”) dis- missing Urzua’s appeal from the denial of his application for suspension of deportation under 8 U.S.C. § 1254(a) (repealed 1996).1 The BIA agreed with the Immigration Judge (“IJ”) and…