United States v. Israel Martinez-Gonzalez

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 02 2015

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 13-50389

Plaintiff - Appellee, D.C. No. 3:12-cr-05183-MMA-1

v.
MEMORANDUM*
ISRAEL MARTINEZ-GONZALEZ,

Defendant - Appellant.

Appeal from the United States District Court
for the Southern District of California
Michael M. Anello, District Judge, Presiding

Argued and Submitted May 5, 2015
Pasadena, California

Before: LIPEZ,** WARDLAW, and MURGUIA, Circuit Judges.

Israel Martinez-Gonzalez appeals his conviction following a jury trial for

illegal reentry, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28

U.S.C. § 1291. We affirm.

*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Kermit Victor Lipez, Circuit Judge for the First
Circuit, sitting by designation.
 Martinez-Gonzalez challenges the removal order underlying his conviction

on due process grounds, pursuant to § 1326(d). He contends that his 2009 removal

hearing was fundamentally unfair because the Immigration Judge failed to

adequately inform Martinez-Gonzalez of his apparent eligibility for voluntary

removal and to afford Martinez-Gonzalez an opportunity to apply for that relief.

See United States v. Valdez-Novoa, 780 F.3d 906, 913–14 (9th Cir. 2015) (citing 8

C.F.R. § 1240.11(a)(2)).

The Immigration Judge advised Martinez-Gonzalez that he may be eligible

for voluntary departure and asked Martinez-Gonzalez whether he would like to

have a hearing on voluntary departure. This colloquy was not fundamentally

unfair. Cf. United States v. Melendez-Castro, 671 F.3d 950, 954 (9th Cir. 2012).

AFFIRMED.

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