Mendez-Castro

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ELFIDO MENDEZ-CASTRO; ROSA 

IMELDA MENDEZ, No. 06-70362 Petitioners, Agency Nos. v.  A92-693-802 MICHAEL B. MUKASEY, Attorney A77-110-809 General, OPINION Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted February 6, 2008—Pasadena, California

Filed January 12, 2009

Before: Alex Kozinski, Chief Judge, Diarmuid F. O’Scannlain, and William A. Fletcher, Circuit Judges.

Opinion by Judge O’Scannlain

389 392 MENDEZ-CASTRO v. MUKASEY

COUNSEL

Henry Weissman, Munger, Tolles & Olson LLP, Los Ange- les, California, argued the cause for the petitioners and filed briefs.

William C. Minick, Attorney, Office of Immigration Litiga- tion, U.S. Department of Justice, Washington, DC, argued the cause for the respondent and filed a brief; Peter D. Keisler, Assistant Attorney General, Civil Division, and Linda S. Werney, Assistant Director, were on the brief.

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether we have jurisdiction…