U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Erik Mercado-Arechiga

United States v. Erik Mercado-Arechiga
U.S. Court of Appeals for the Ninth Circuit · Decided April 21, 2011 · Kozinski, Nelson, Bybee
429 F. App'x 634

United States v. Erik Mercado-Arechiga

Opinion

MEMORANDUM **

The district court did not err in concluding that Mercado-Arechiga’s prior burglary conviction under California Penal Code § 459 was a crime of violence as defined by 18 U.S.C. § 16, which renders an individual statutorily ineligible for voluntary departure. See United States v. Becker, *635 919 F.2d 568, 573 (9th Cir. 1990). Becker remains good law and we are bound by it. Thus, because Mercado-Arechiga was ineligible for voluntary departure, he did not suffer prejudice from the IJs’ failure to advise him of his eligibility to seek such relief.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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