United States v. Garcia-Dominguez ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT September 22, 2004
Charles R. Fulbruge III
Clerk
No. 03-50275
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
VICTOR MANUEL GARCIA-DOMINGUEZ, also known as
Sergio Antonio Santander
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-01-CR-78-ALL
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Before KING, Chief Judge, and DAVIS and STEWART, Circuit Judges.
PER CURIAM:*
Victor Manuel Garcia-Dominguez appeals from his illegal
reentry conviction. He collaterally challenges his 1988
deportation proceedings on the basis that he was denied his right
to appeal when he was removed from the United States prior to the
expiration of the ten-day period for appealing the deportation
order. We have appellate jurisdiction. See United States v.
Mendoza-Lopez, 481 U.S. 828, 839 (1987).
*
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this opinion should not be published and is not precedent except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. 03-50275
-2-
We agree with the district court that under the
circumstances of Garcia’s case, his voluntary return to Mexico
two days before the expiration of the appellate deadline did not
render his deportation proceedings “fundamentally unfair” and,
therefore, he is not entitled to relief. See United States v.
Mendoza-Mata, 322 F.3d 829, 832 (5th Cir. 2003).
AFFIRMED.