Morgan

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PAUL DURHAM MORGAN, 

Petitioner, No. 05-74378 v.  Agency No.

A24-299-945

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

Argued and Submitted March 8, 2007—Phoenix, Arizona

Filed July 26, 2007

Before: Michael Daly Hawkins, Sidney R. Thomas, and Richard R. Clifton, Circuit Judges.

Opinion by Judge Thomas

9079 9082 MORGAN v. GONZALES

COUNSEL

Nicomedes E. Suriel, Phoenix, Arizona, for the petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, David V. Bernal, Assistant Director, Office of Immigration Litigation, Andrew C. MacLachlan, Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent. MORGAN v. GONZALES 9083

OPINION

THOMAS, Circuit Judge:

This appeal presents the question of whether the United States is estopped from removing an aggravated felon because the government allegedly agreed not to deport him in exchange for his…