USA V. ISRAEL MARTINEZ-GONZALEZ, No. 13-50389 (9th Cir. 2015)
Annotate this Case
Download PDF
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JUN 02 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-50389 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. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
