Gomez

Gomez v. Immigration & Naturalization Service

Good Law
4 F. App'x 427
United States Court of Appeals for the Ninth CircuitFebruary 20, 2001No. 99-70898; I & NS No. A34-461-736California487 words

Opinion

Lead Opinion

MEMORANDUM

Dennis Gomez, a native and citizen of the Philippines, petitions for review of the decision of the Board of Immigration Appeals dismissing his appeal of the immigration judge’s order finding him removable as charged. The IJ determined that Gomez was removable pursuant to INA §§ 237(a)(2)(A)(iii) 3 and 237(a)(2)(C) 4 be *428 cause of his 1996 convictions for sale of a controlled substance (methamphetamine) and for possessing, manufacturing and selling a dangerous weapon (a .22 caliber Winchester rifle).

INA § 242(a)(2)(C), 8 U.S.C. § 1252 (a)(2)(C) provides: “Notwithstanding any other provision of law, no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed a criminal offense covered in ... section 237(a)(2)(A)(iii), (B), (C) or (D) [ 8 U.S.C.A. § 1227 (a)(2)(A)(iii), (B), (C), or (D) ]....” 5 We have jurisdiction to determine whether Gomez has committed a deportable offense, but we must dismiss his petition for lack of jurisdiction if we conclude that he has. Flores-Miramontes v. INS, 212 F.3d 1133, 1135 (9th Cir.2000). Because we conclude that Gomez committed offenses covered in INA §§…

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