FILED
NOT FOR PUBLICATION APR 21 2011
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. 09-50602
Plaintiff - Appellee, D.C. No. 3:09-cr-00248-L-1
v.
MEMORANDUM *
ERIK MERCADO-ARECHIGA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
M. James Lorenz, Senior District Judge, Presiding
Submitted April 15, 2011 **
Pasadena, California
Before: KOZINSKI, Chief Judge, D.W. NELSON and BYBEE, Circuit Judges.
The district court did not err in concluding that Mercado-Arechiga’s prior
burglary conviction under California Penal Code § 459 was a crime of violence as
defined by 18 U.S.C. § 16, which renders an individual statutorily ineligible for
*
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).
voluntary departure. See United States v. Becker, 919 F.2d 568, 573 (9th Cir.
1990). Becker remains good law and we are bound by it. Thus, because Mercado-
Arechiga was ineligible for voluntary departure, he did not suffer prejudice from
the IJs’ failure to advise him of his eligibility to seek such relief.
AFFIRMED.
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