Chaly-Garcia

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

HUGO LEONEL CHALY-GARCIA, 

Plaintiff-Appellant, v. No. 05-35715

UNITED STATES OF AMERICA;

MICHAEL B. MUKASEY, Attorney  D.C. No.

CV-04-00582-BR

General of the United States; and MICHAEL CHERTOFF, Secretary of OPINION the Department of Homeland Security of the United States,* Defendants-Appellees.  Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding

Argued and Submitted September 28, 2007—Portland, Oregon

Filed November 29, 2007

Before: Mary M. Schroeder, Chief Judge, and Barry G. Silverman and Susan P. Graber, Circuit Judges.

Opinion by Judge Graber

*Michael B. Mukasey is substituted for his predecessor, Alberto R. Gonzales, as Attorney General of the United States, and Michael Chertoff is substituted for his predecessor, Tom Ridge, as Secretary of the Depart- ment of Homeland Security, pursuant to Federal Rule of Appellate Proce- dure 43(c)(2).

15395 15398 CHALY-GARCIA v. UNITED STATES

COUNSEL

Stephen W. Manning, Immigrant Law Group LLP, Portland, Oregon, for the…