USA v. Gustavo Gonzalez-Mendoza, No. 11-41292 (5th Cir. 2012)

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Case: 11-41292 Document: 00511891088 Page: 1 Date Filed: 06/19/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-41292 Conference Calendar June 19, 2012 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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