UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1676
GILBERTO A. GOMEZ,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A75-970-390)
Submitted: January 5, 2005 Decided: February 10, 2005
Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Gilberto A. Gomez, Petitioner Pro Se. M. Jocelyn Lopez Wright,
Victor Matthew Lawrence, Larry Patrick Cote, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gilberto A. Gomez, a native and citizen of El Salvador,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) dismissing his appeal from the immigration
judge’s order finding him removable from the United States. For
the reasons discussed below, we dismiss the petition for lack of
jurisdiction.
Gomez was found removable as an alien convicted of a
crime involving child abuse; as an alien convicted of an aggravated
felony offense; and as an aggravated felon convicted of a crime of
violence for which the sentence imposed is one year or more. 8
U.S.C. § 1227(a)(2)(A)(iii), (a)(2)(E)(i) (2000). Under 8 U.S.C.
§ 1252(a)(2)(C) (2000), “[n]otwithstanding 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 . . .
1227(a)(2)(A)(iii).”
We have noted that “under this section there is plainly
no appellate recourse from a final order of removal for an alien
who is removable because he has committed an offense encompassed by
section 1227(a)(2)(A)(iii), that is, because he has committed an
aggravated felony.” Lewis v. INS, 194 F.3d 539, 541 (4th Cir.
1999). We retain jurisdiction to determine whether the
jurisdictional facts precluding review are present in a particular
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case. Id. at 541-42. The jurisdictional bar is triggered by a
determination that a petitioner is an alien who has been convicted
of one of the statutorily enumerated offenses requiring removal.
Id. at 542.
Based on our review of the record, we find that Gomez is
an alien who is removable for having committed an aggravated
felony. Accordingly, we dismiss the petition for review for lack
of jurisdiction. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional process.
PETITION DISMISSED
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