United States v. Rivera , 311 F. App'x 698 ( 2009 )


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  •            IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    February 18, 2009
    No. 08-20469
    Conference Calendar                  Charles R. Fulbruge III
    Clerk
    UNITED STATES OF AMERICA
    Plaintiff-Appellee
    v.
    JOSE ADILIO RIVERA, also known as Jose Alirio Rivera, also known as Jose
    Nochez-Rivera, also known as Jose A Rivera, also known as Jose Rivera
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 4:07-CR-428-ALL
    Before HIGGINBOTHAM, DENNIS, and PRADO, Circuit Judges.
    PER CURIAM:*
    Appealing the Judgment in a Criminal Case, Jose Adilio Rivera
    raises arguments that are foreclosed by United States v. Lopez-Ortiz, 
    313 F.3d 225
    , 229-31 (5th Cir. 2002), which held that an immigration judge’s failure to
    inform an alien of his eligibility for discretionary waiver of removal at his
    removal proceeding did not render the proceeding fundamentally unfair. See
    Romero-Rodriguez v. Gonzales, 
    488 F.3d 672
    , 677 n.5 (5th Cir. 2007). The
    *
    Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
    R. 47.5.4.
    No. 08-20469
    Government’s motion for summary affirmance is GRANTED, and the judgment
    of the district court is AFFIRMED.
    2
    

Document Info

Docket Number: 08-20469

Citation Numbers: 311 F. App'x 698

Judges: Dennis, Higginbotham, Per Curiam, Prado

Filed Date: 2/18/2009

Precedential Status: Non-Precedential

Modified Date: 8/2/2023