Rodriguez-Torres

United States v. Rodriguez-Torres

Good Law
223 F. App'x 596
United States Court of Appeals for the Ninth CircuitFebruary 28, 2007No. 05-10210California325 words

Opinion

Lead Opinion

MEMORANDUM ***

Carlos Humberto Rodriguez-Torres (“Rodriguez-Torres”) was caught illegally re-entering the United States after deportation for being convicted of a crime involving moral turpitude.

Rodriguez-Torres makes two arguments in appealing his sentence of forty-six months. First, he asserts that the district court improperly denied his motion to dismiss the indictment because the Immigration Judge (“IJ”) should have advised him of relief under the Convention Against Torture before deporting him. Second, Rodriguez-Torres argues that the district court failed to properly consider the factors required by 18 U.S.C. § 3553 (a) at sentencing.

We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Because Rodriguez-Torres validly waived his right to appeal his deportation order during the proceedings before the IJ, he was barred from collaterally attacking the underlying deportation order in the district court. United States v. Arrieta, 224 F.3d 1076, 1079 (9th Cir.2000) (citing United States v. Estrada-Torres, 179 F.3d 776, 780-81 (9th Cir.1999)). Therefore, the district court properly denied his motion to dismiss the indictment.

Rodriguez-Torres’s second contention…

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