United States v. Israel Martinez-Gonzalez

606 F. App'x 364

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 2, 2015
• Docket: 13-50389
• Status: Unpublished

Opinion

MEMORANDUM **

Israel Martinez-Gonzalez appeals his conviction following a jury trial for illegal reentry, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

Martinez-Gonzalez challenges the removal order underlying his conviction on due process grounds, pursuant to § 1326(d). He contends that his 2009 removal hearing was fundamentally unfair because the Immigration Judge failed to adequately inform Martinez-Gonzalez of his apparent eligibility for voluntary removal and to afford Martinez-Gonzalez an opportunity to apply for that relief. See United States v. Valdez-Novoa, 780 F.3d 906, 913-14 (9th Cir.2015) (citing 8 C.F.R. § 1240.11(a)(2)).

The Immigration Judge advised Martinez-Gonzalez that he may be eligible for voluntary departure and asked Martinez-Gonzalez whether he would like to have a hearing on voluntary departure. This colloquy was not fundamentally unfair. Cf. United States v. Melendez-Castro, 671 F.3d 950, 954 (9th Cir.2012).

AFFIRMED.

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