Gomez-Gutierrez

Gomez-Gutierrez appeals from his conviction for illegal reentry in violation of 8 U.S.C. § 1326 and from the sentence imposed for that conviction. We have jurisdiction over this timely filed appeal pursuant to 28 U.S.C. § 1291 , and we affirm.

There is no dispute that the predicate act for Gomez-Gutierrez’s conviction will be met if any one of his three prior deportations are valid. We focus on his 1989 deportation. Gomez-Gutierrez first contends that the 1989 deportation violated due process because he was deprived of a reasonable opportunity to be present at the deportation hearing.

The Immigration and Naturalization Service (INS) is not required to provide actual notice, but only to make a reasonable effort to do so under all the circumstances. See 8 U.S.C. § 1252 (b)(1); see generally Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314-15 , 70 S.Ct. 652, 657-58 , 94 L.Ed. 865 (1950). It is a fair inference that on January 14, 1988, Gomez-Gutierrez told an INS agent that his address was on Woodworth Avenue. However, on July 1, 1988, Gomez-Gutierrez signed another document and received one document, each of which listed his address as on Walnut Street. We need not…

concurring:

I concur in the judgment.