Case: 17-40368 Document: 00514416898 Page: 1 Date Filed: 04/05/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-40368 FILED
Summary Calendar April 5, 2018
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MARCO ANTONIO GARCIA-ECHAVERRIA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:16-CR-1046-1
Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Marco Antonio Garcia-Echaverria appeals the district court’s denial of
his motion to dismiss his indictment, which was premised on a collateral attack
on a prior removal order. He contends that the immigration judge (IJ) who
presided over his prior removal proceeding violated his due process rights by
failing to advise him of his eligibility for discretionary relief under § 212(c) of
the Immigration and Nationality Act, 8 U.S.C. § 1182. Garcia-Echaverria’s
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-40368 Document: 00514416898 Page: 2 Date Filed: 04/05/2018
No. 17-40368
argument is foreclosed by this court’s precedent. See United States v. Lopez-
Ortiz, 313 F.3d 225, 230 (5th Cir. 2002) (“[E]ligibility for § 212(c) relief is not a
liberty or property interest warranting due process protection.”).
Consequently, Garcia-Echaverria has not shown that that the district court
erred by denying his motion to dismiss the indictment. See id.
AFFIRMED.
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