USA v. Rivera, No. 08-20469 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-20469 Conference Calendar February 18, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JOSE ADILIO RIVERA, also known as Jose Alirio Rivera, also known as Jose Nochez-Rivera, also known as Jose A Rivera, also known as Jose Rivera Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:07-CR-428-ALL Before HIGGINBOTHAM, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jose Adilio Rivera 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-20469 Government s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 2

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