U.S. v. Madrid

Full title: UNITED STATES of America, Plaintiff-Appellee v. Juan Jose MADRID…

Court: United States Court of Appeals, Fifth Circuit

Date published: Oct 20, 2009

333 F. App'x 882 (5th Cir. 2009)

Opinion

No. 09-20104 Conference Calendar.

October 20, 2009.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:00-CR-621-1.

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Appealing the judgment in a criminal case, Juan Jose Madrid raises arguments that he concedes 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 appellant's unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.