Sanchez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARIO SANCHEZ, 

Petitioner, No. 04-75584 v.  Agency No.

A77-832-827

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

Argued and Submitted January 14, 2008—San Francisco, California

Filed April 2, 2008

Before: J. Clifford Wallace, Procter Hug, Jr., and Mary M. Schroeder, Circuit Judges.

Opinion by Judge Schroeder; Judge Wallace Writing Separately COUNSEL

Frank Sprouls, San Francisco, California, for the petitioner.

Erica B. Miles, United States Department of Justice, Wash- ington, D.C., for the respondent.

OPINION

SCHROEDER, Circuit Judge:

Mario Sanchez, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the denial of his application for cancella- tion of removal. The BIA denied the application on the ground that Sanchez lacked the good moral character required 3406 SANCHEZ v. MUKASEY by 8 U.S.C. § 1229b(b)(1)(B), because he had smuggled…