United States v. Israel Martinez-Gonzalez ( 2015 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 02 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 13-50389
Plaintiff - Appellee, D.C. No. 3:12-cr-05183-MMA-1
v.
MEMORANDUM*
ISRAEL MARTINEZ-GONZALEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Michael M. Anello, District Judge, Presiding
Argued and Submitted May 5, 2015
Pasadena, California
Before: LIPEZ,** WARDLAW, and MURGUIA, Circuit Judges.
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.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Kermit Victor Lipez, Circuit Judge for the First
Circuit, sitting by designation.
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.
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