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U.S. v. BUSTOS-OCHOA

No. 11-50471.

704 F.3d 1053 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto BUSTOS-OCHOA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 18, 2012.

Attorney(s) appearing for the Case

Zandra L. Lopez , Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Laura E. Duffy , United States Attorney; Mark R. Rehe , Bruce R. Castetter and Grace E. Oh , Office of the United States Attorney, San Diego, CA, for Plaintiff-Appellee.

Before: D.W. NELSON and DIARMUID F. O'SCANNLAIN, Circuit Judges, and JAMES K. SINGLETON, Senior District Judge.

OPINION

PER CURIAM:

We must decide whether an alien charged with illegal reentry after deportation may collaterally attack his removal order by claiming that an immigration judge failed to advise him about relief for which he was statutorily ineligible.

I

Bustos-Ochoa, a native and citizen of Mexico, first entered the United States in 2002 without being admitted or inspected. Less than a year later, he was served with a Notice to Appear...

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