United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS August 18, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-60237
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ISMAEL VASQUEZ-FONSECA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:03-CR-113-1
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Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM:*
Ismael Vasquez-Fonseca appeals from his guilty-plea
conviction of illegally reentering the United States after having
been deported and after having been convicted of an “aggravated
felony,” a violation of 8 U.S.C. § 1326. Vasquez contends that
the district court erred by denying his motion to suppress
evidence of his deportation and to dismiss the indictment. He
argues that his 1996 deportation proceeding violated the Due
Process Clause because the immigration judge erroneously failed
*
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that this opinion should not be published and is not precedent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.
No. 04-60237
-2-
to inform him that he was eligible for discretionary relief from
deportation under former § 212(c) of the Immigration and
Nationality Act (“INA”). Vasquez concedes that his contention is
foreclosed by this court’s case law, but he raises the claim to
preserve it for further review.
An immigration judge’s error in failing to inform an alien
of eligibility for forms of discretionary relief under the INA
does not violate the alien’s right to due process. United States
v. Lopez-Ortiz, 313 F.3d 225, 230-31 (5th Cir. 2002), cert.
denied, 537 U.S. 1135 (2003). The district court did not err by
denying Vasquez’ motion to suppress evidence of his deportation
and to dismiss his indictment.
AFFIRMED.