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VALERIO-OCHOA v. I.N.S.

No. 98-70529.

241 F.3d 1092 (2001)

Jose VALERIO-OCHOA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 15, 2001.

As Amended April 25, 2001.

Attorney(s) appearing for the Case

Raul M. Montes, Armando M. Montes and Gilbert M. Montes; Montes, Montes & Montes; San Diego, California, for the petitioner.

Brian Slocum and Margaret Perry; United States Department of Justice; Washington, D.C., for the respondent.

Before: TROTT, THOMAS and BERZON, Circuit Judges.

THOMAS, Circuit Judge:

We consider in this appeal whether discharging a firearm in violation of California Penal Code § 246.3 is a deportable firearms offense pursuant to 8 U.S.C. § 1227. We conclude that it is, and dismiss Valerio-Ochoa's petition for review for lack of jurisdiction pursuant to IIRIRA § 309(c)(4)(G).

I

Jose Valerio-Ochoa is a thirty-two-year-old native and citizen of Mexico, and a lawful permanent resident of the...

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