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

ERIC H. HOLDER, JR., 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 March 3, 2009

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

Opinion by Judge Trott; Dissent by Judge Pregerson 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 that denied his claims for asylum, withholding of removal, and voluntary departure. In a 2003 decision, this court remanded the matter to the BIA for further proceedings, concluding that it had failed to provide cogent reasons for rejecting Marti- nez’s testimony in support of his…