Vizcarra Ayala v. Mukasey

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAFAEL VIZCARRA-AYALA, 

Petitioner, No. 06-73237 v.  Agency No.

A92-173-693

MICHAEL B. MUKASEY,* Attorney General, OPINION Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted September 26, 2007—San Francisco, California

Filed January 23, 2008

Before: John R. Gibson**, Marsha S. Berzon, and Carlos T. Bea, Circuit Judges.

Opinion by Judge Berzon

*Michael B. Mukasey is substituted for his predecessor, Alberto R. Gonzales, as Attorney General of the United States, pursuant to Fed. R. App. P. 43(c)(2). **The Honorable John R. Gibson, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation. COUNSEL

Michael Adura-Miranda, Erika S. Rivera & Evangeline G. Abriel, Santa Clara University School of Law, Santa Clara, California, for the petitioner.

Peter D. Keisler, Assistant Attorney General, Emily Anne Radford, Assistant Director, & Stephen M. Elliott, Trial 1064 VIZCARRA-AYALA v. MUKASEY Attorney, U.S.…