Floriberto Eudoxio Gomez-Lopez v. John Ashcroft, Attorney General

ORDER AND AMENDED OPINION

ORDER

The opinion filed December 15, 2004, slip op. at 16977, is withdrawn and is replaced by the amended opinion filed concurrently with this order.

OPINION

Floriberto Eudoxio Gómez-Lopez (“Gomez”), a native and citizen of Mexico, petitions for review of an order of the'Board of Immigration Appeals : (“BIA”) ■ affirming without opinion the decision of the Immigration Judge (“IJ”). The sole issue raised in his petition is whether his incarceration in a county jail constitutes confinement in a penal institution for purposes of the Immigration and Nationality Act (“INA”) — specifically, 8 U.S.C. § 1101 (f). Thé IJ denied Gomez’s application for cancellation of removal and voluntary departure because his conviction and incarceration for vehicular manslaughter precluded a finding that he is a person of good moral character under the INA. We conclude that incarceration in a county jail does constitute confinement, in a penal institution within the meaning of the INA and therefore deny the petition.

JURISDICTION

We generally have jurisdiction over a petition for review pursuant to 8 U.S.C. § 1252 . We agree, however, with the Immigration and…