United States v. Erik Mercado-Arechiga

429 F. App'x 634

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 21, 2011
• Docket: 09-50602
• Status: Unpublished

Opinion

MEMORANDUM **

The district court did not err in concluding that Mercado-Arechiga’s prior burglary conviction under California Penal Code § 459 was a crime of violence as defined by 18 U.S.C. § 16, which renders an individual statutorily ineligible for voluntary departure. See United States v. Becker, 919 F.2d 568, 573 (9th Cir.1990). Becker remains good law and we are bound by it. Thus, because Mercado-Arechiga was ineligible for voluntary departure, he did not suffer prejudice from the IJs’ failure to advise him of his eligibility to seek such relief.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.