United States v. Marquez-Urquidi , 81 F. App'x 516 ( 2003 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS        December 2, 2003
    FOR THE FIFTH CIRCUIT
    Charles R. Fulbruge III
    Clerk
    No. 02-50941
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    CESAR MARQUEZ-URQUIDI,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. MO-01-CR-79-ALL
    --------------------
    Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.
    PER CURIAM:*
    Cesar Marquez-Urquidi (Marquez) appeals the district court’s
    denial of his motion to dismiss the indictment against him which
    charged him with violating 
    8 U.S.C. § 1326
    (a).   Marquez argues
    that his indictment was invalid because the underlying
    deportation order, which was based on his having been convicted
    of felony driving while intoxicated, is invalid under United
    States v. Chapa-Garza, 
    243 F.3d 921
    , 927 (5th Cir. 2001).
    *
    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    that this opinion should not be published and is not precedent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. 02-50941
    -2-
    To challenge the validity of an underlying deportation
    order, an alien must establish that: (1) the prior deportation
    hearing was fundamentally unfair; (2) the hearing effectively
    eliminated the alien’s right to seek judicial review of the
    removal order; and (3) the procedural deficiencies caused actual
    prejudice.   United States v. Lopez-Vasquez, 
    227 F.3d 476
    , 483
    (5th Cir. 2000); 
    8 U.S.C. § 1326
    (d).
    Marquez fails to show that his deportation hearing was
    fundamentally unfair inasmuch as the hearing did not violate his
    procedural due process rights.   See United States v. Lopez-Ortiz,
    
    313 F.3d 225
    , 230 (5th Cir. 2002), cert. denied, 
    537 U.S. 1135
    (2003).   The court need not reach Marquez’s remaining arguments.
    See Lopez-Ortiz, 
    313 F.3d at 231
    ; Lopez-Vasquez, 
    227 F.3d at 485
    .
    AFFIRMED.
    

Document Info

Docket Number: 02-50941

Citation Numbers: 81 F. App'x 516

Judges: Davis, Higginbotham, Per Curiam, Prado

Filed Date: 12/2/2003

Precedential Status: Non-Precedential

Modified Date: 8/1/2023