United States v. Bustos-Ochoa, No. 11-50471 (9th Cir. 2012)Annotate this Case
Defendant, a native and citizen of Mexico, appealed the district court's denial of his motion to dismiss an illegal reentry charge after deportation. Defendant claimed that the IJ failed to advise him about the availability of voluntary departure. The court affirmed the judgment, holding that an alien could not collaterally attack his removal order by claiming that an immigration judge failed to advise him about relief for which he was statutorily ineligible, even if the government did not introduce before the IJ noticeable documentation of the aggravated felony conviction that rendered him ineligible. The court also held that defendant's sentence was valid.
The court issued a subsequent related opinion or order on April 22, 2013.