Case: 13-50165 Document: 00512473062 Page: 1 Date Filed: 12/17/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 17, 2013
No. 13-50165
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MARIANO CABALLERO-CRUZ,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:12-CR-295-1
Before DAVIS, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Mariano Caballero-Cruz raises
an argument that he concedes is foreclosed by United States v. Villanueva-Diaz,
634 F.3d 844, 852 (5th Cir. 2011), in which we held that speculation that an
alien would not have been removed is not sufficient to establish the prejudice
required for a collateral attack on removal proceedings. Caballero-Cruz also
preserves for possible Supreme Court review a foreclosed challenge to United
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 13-50165 Document: 00512473062 Page: 2 Date Filed: 12/17/2013
No. 13-50165
States v. Lopez-Ortiz, 313 F.3d 225, 231 (5th Cir. 2002), in which we held that
deportation errors involving discretionary relief do not violate due process.
Accordingly, the Government’s motion for summary affirmance is
GRANTED, its alternative motion for an extension of time to file a brief is
DENIED, and the judgment of the district court is AFFIRMED.
2