United States v. Garcia-Echaverria

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 30, 2009 No. 08-40825 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. MARCO ANTONIO GARCIA-ECHAVERRIA, also known as Marco Garcia- Echaverria Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:06-CR-877-ALL Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Marco Antonio Garcia- Echaverria raises arguments that are foreclosed by United States v. Lopez-Ortiz, 313 F.3d 225, 229-31 (5th Cir. 2002), which held that an immigration judge’s failure to inform an alien of his eligibility for discretionary waiver of removal at his removal proceeding did not render the proceeding fundamentally unfair. See Romero-Rodriguez v. Gonzales, 488 F.3d 672, 677 n.5 (5th Cir. 2007). The * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-40825 Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 2