Dhital

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SANJEEB SHARMA DHITAL, 

Petitioner, No. 06-75043 v.  Agency No.

A79-625-778

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

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

Filed July 17, 2008

Before: Diarmuid F. O’Scannlain and Michael Daly Hawkins, Circuit Judges, and James V. Selna,* District Judge.

Per Curiam Opinion; Concurrence by Judge O’Scannlain

*The Honorable James V. Selna, United States District Judge for the Central District of California, sitting by designation.

8883 8886 DHITAL v. MUKASEY

COUNSEL

Elisa C. Brasil, Law Offices of Kaiser and Capeci, San Fran- cisco, California, argued the cause for the petitioner and was DHITAL v. MUKASEY 8887 on the opening brief; Dominic E. Capeci, Law Offices of Kai- ser and Capeci, San Francisco, California, filed the briefs.

Sarah Maloney, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washing-…