United States v. Marquez-Urquidi

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
December 2, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50941
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CESAR MARQUEZ-URQUIDI,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-01-CR-79-ALL
--------------------
Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.
PER CURIAM:*
Cesar Marquez-Urquidi (Marquez) appeals the district court’s
denial of his motion to dismiss the indictment against him which
charged him with violating 8 U.S.C. § 1326(a). Marquez argues
that his indictment was invalid because the underlying
deportation order, which was based on his having been convicted
of felony driving while intoxicated, is invalid under United
States v. Chapa-Garza, 243 F.3d 921, 927 (5th Cir. 2001).

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No. 02-50941
-2-
To challenge the validity of an underlying deportation
order, an alien must establish that: (1) the prior deportation
hearing was fundamentally unfair; (2) the hearing effectively
eliminated the alien’s right to seek judicial review of the
removal order; and (3) the procedural deficiencies caused actual
prejudice. United States v. Lopez-Vasquez, 227 F.3d 476, 483
(5th Cir. 2000); 8 U.S.C. § 1326(d).
Marquez fails to show that his deportation hearing was
fundamentally unfair inasmuch as the hearing did not violate his
procedural due process rights. See United States v. Lopez-Ortiz,
313 F.3d 225, 230 (5th Cir. 2002), cert. denied, 537 U.S. 1135
(2003). The court need not reach Marquez’s remaining arguments.
See Lopez-Ortiz, 313 F.3d at 231; Lopez-Vasquez, 227 F.3d at 485.
AFFIRMED.

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