United States of America v. Irwin Monje-Ramirez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
IRWIN MONJE-RAMIREZ,
Defendant - Appellant.
No. 14-50232
D.C. No. 3:13-cr-01660-BEN-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted October 22, 2015**
Pasadena, California
Before: PREGERSON and TROTT, Circuit Judges and STAFFORD,*** Senior
District Judge.
FILED
OCT 29 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable William H. Stafford, Jr., Senior District Judge for the
U.S. District Court for the Northern District of Florida, sitting by designation.

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To prevail in this case, Monje-Ramirez must carry the burden of showing
that he suffered prejudice as a consequence of a due process violation in
connection with his expedited removal order in 2005. Prejudice means that he
must demonstrate that he had “plausible grounds for relief” from deportation.
United States v. Vaca, 771 F.3d 1195, 1206 (9th Cir. 2014). This burden he cannot
meet.
First, because he was an aggravated felon removable under 8 U.S.C.
§ 1228(b), he was statutorily ineligible for any form of discretionary relief.
Second, as articulated by the district court, it is unimaginable given his
serious criminal record that any immigration judge would grant him any kind of
relief.
Judgment of conviction AFFIRMED.
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