Martinez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SAUL GREGORIO MARTINEZ, 

Petitioner, No. 04-72975 v.  Agency No.

A70-217-803

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

Argued and Submitted December 7, 2007—Pasadena, California

Filed October 6, 2008

Before: Harry Pregerson, John T. Noonan, and Stephen S. Trott, Circuit Judges.

Opinion by Judge Trott; Concurrence by Judge Noonan; Dissent by Judge Pregerson

14193 MARTINEZ v. MUKASEY 14195

COUNSEL

Kari E. Hong, Law Offices of Helen A. Sklar, Los Angeles, California, for the petitioner.

Arthur L. Rabin, U.S. Department of Justice, Office of Immi- gration Litigation, Washington D.C., for the respondent.

OPINION

TROTT, Circuit Judge:

Saul Martinez, a native of Guatemala, petitions for review of a Board of Immigration Appeals’ (“BIA”) decision on remand that denied his claims for asylum, withholding of removal, and voluntary departure. In its decision, the BIA upheld the Immigration Judge’s (“IJ”) adverse credibility finding regarding…