Professional Documents
Culture Documents
No. 11-4924
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., Chief District Judge. (3:10-cr-00157-RJC-1)
Submitted:
Decided:
PER CURIAM:
Gelmy
Rodolfo
Ortiz
appeals
his
conviction
for
On appeal, he
may
mount
successful
collateral
attack
on
the
the
removal
order;
fundamentally unfair.
and
(3)
the
removal
proceedings
were
A defendant must
to prevail.
United
States v. Wilson, 316 F.3d 506, 509 (4th Cir. 2003), overruled
on
other
grounds
by
Lopez
v.
Gonzales,
549
U.S.
47
(2006).
of
the
district
courts
denial
of
motion
to
dismiss
an
have
generally
held
that
the
exhaustion
his
right
of
appeal,
the
first
two
requirements
under
no
error
in
the
district
courts
finding
that
Ortiz
instructed
that
he
had
no
right
to
contest
depriving
him
both
of
judicial
review
and
of
any
testimony
that
provisions
it
was
line-by-line
his
practice
with
an
to
alien,
go
and
over
we
the
find
no
waiver
clear
U.S. 564, 574 (1985) (Where there are two permissible views of
the evidence, the factfinders choice between them cannot be
clearly erroneous.).
512
F.3d
1104,
1107
(9th
United States v.
Cir.
2008);
see
Thus, Ortiz
Accordingly,