United States v. Espinoza-Rodriguez

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 13, 2006
Charles R. Fulbruge III
No. 05-20440 Clerk
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS ESPINOZA-RODRIGUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:05-CR-11-ALL
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Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Jesus Espinoza-
Rodriguez 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.
The Government’s motion for summary affirmance is GRANTED, and
the judgment of the district court is AFFIRMED.
*
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that this opinion should not be published and is not precedent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.