Case: 11-41292 Document: 00511891088 Page: 1 Date Filed: 06/19/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 19, 2012
No. 11-41292
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
GUSTAVO GONZALEZ-MENDOZA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:11-CR-309-1
Before DAVIS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Gustavo Gonzalez-Mendoza
raises an argument that he concedes is foreclosed by United States v.
Lopez-Ortiz, 313 F.3d 225, 229-31 (5th Cir. 2002), which held that errors
involving discretionary relief in immigration proceedings do not render the
proceedings fundamentally unfair so as to amount to a denial of due process. See
Romero-Rodriguez v. Gonzales, 488 F.3d 672, 677 n.5 (5th Cir. 2007).
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-41292 Document: 00511891088 Page: 2 Date Filed: 06/19/2012
No. 11-41292
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