USA v. Barrios-Beltran

Filing 920090430

Opinion

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-20781 Conference Calendar April 30, 2009 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. JOSE LUIS BARRIOS!BELTRAN, also known as Jose Luiz Barrios, also known as Jose Luis Barrios Beltran Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08-CR-533-ALL

Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Jose Luis Barrios-Beltran 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. See Romero-Rodriguez v. Gonzales, 488 F.3d 672, 677 n.5 (5th Cir. 2007). The

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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

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No. 08-20781 appellant's motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

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