UNITED STATES of America, Plaintiff-Appellee, v. Israel MARTINEZ-GONZALEZ, Defendant-Appellant, 606 F. App'x 364

MEMORANDUM Israel Martinez-Gonzalez appeals his conviction following a jury trial for illegal reentry, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291. We affirm. Martinez-Gonzalez challenges the removal order underlying his conviction on due process grounds, pursuant to § 1326(d). He contends that his 2009 removal hearing was fundamentally unfair because the Immigration Judge failed to adequately inform Martinez-Gonzalez of his apparent eligibility for voluntary removal and to afford Martinez-Gonzalez an opportunity to apply for that relief. See United States v.

Valdez-Novoa, 780 F.3d 906, 913-14 (9th Cir.2015) (citing 8 C.F.R. § 1240.11(a)(2)). The Immigration Judge advised Martinez-Gonzalez that he may be eligible for voluntary departure and asked Martinez-Gonzalez whether he would like to have a hearing on voluntary departure. This colloquy was not fundamentally unfair. Cf. United States v. Melendez-Castro, 671 F.3d 950, 954 (9th Cir.2012). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.