United States v. Hernandez-Rodriguez

* 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that this opinion should not be published and is not precedent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
April 22, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-10412
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BASILIO HERNANDEZ-RODRIGUEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:01-CR-264-ALL-D
--------------------
Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Basilio Hernandez-Rodriguez appeals his conviction of
illegal reentry following deportation. He argues that his
previous deportation proceeding was fundamentally unfair due
to the retroactive application of statutory changes to the
immigration laws barring him from seeking a waiver of
deportation, allowing him to collaterally challenge the
deportation proceeding in his criminal case. Hernandez’s
deportation proceeding was not rendered fundamentally unfair

-- 1 of 2 --

No. 02-10412
-2-
because he was not able to argue for a waiver of deportation.
United States v. Lopez-Ortiz, 313 F.3d 225, 231 (5th Cir. 2002),
cert. denied, 123 S. Ct. 922 (2003).
AFFIRMED.

-- 2 of 2 --