429 F. App'x 634

UNITED STATES of America, Plaintiff-Appellee, v. Erik MERCADO-ARECHIGA, Defendant-Appellant.

No. 09-50602.

United States Court of Appeals, Ninth Circuit.

Submitted April 15, 2011.*

Filed April 21, 2011.

Bruce R. Castetter, U.S. Assistant Attorney, Mark R. Rehe, U.S. Assistant Attorney, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Knut Sveinbjorn Johnson, Esquire, Law Office of Knut S. Johnson, San Diego, CA, for Defendant-Appellant.

Before: KOZINSKI, Chief Judge, D.W. NELSON and BYBEE, Circuit Judges.

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, *635919 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.

United States v. Mercado-Arechiga
429 F. App'x 634

Case Details

Name
United States v. Mercado-Arechiga
Decision Date
Apr 21, 2011
Citations

429 F. App'x 634

Jurisdiction
United States

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