United States v. Jorge Soto-Castelo

FILED
NOT FOR PUBLICATION JAN 06 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-10097
Plaintiff - Appellee, D.C. No. 2:08-CR-00157-ECR
v.
JORGE ALBERTO SOTO-CASTELO, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Edward C. Reed, District Judge, Presiding
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Jorge Alberto Soto-Castelo appeals from the district court’s order denying
his motion to dismiss the indictment charging him with being an alien found
unlawfully in the United States, in violation of 8 U.S.C. § 1326. We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
JC/Research
jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Soto-Castelo contends that his prior deportation was invalid because the
immigration judge failed to advise him that he might be eligible for “fast-track”
voluntary departure under 8 U.S.C. § 1229c(a)(1). Soto-Castelo was not
prejudiced by any defect in his prior deportation proceeding. In particular,
Soto-Castelo has not demonstrated a plausible ground for relief from deportation,
see United States v. Arrieta, 224 F.3d 1076, 1079 (9th Cir. 2000), because he had a
prior aggravated felony conviction, and was therefore barred from receiving
voluntary departure, see United States v. Benitez-Perez, 367 F.3d 1200, 1204
(9th Cir. 2004); see also Lopez v. Gonzales, 549 U.S. 47, 52-53 (2006).
AFFIRMED.
JC/Research 2 09-10097