United States of America v. LUIS ENRIQUE MONTES-CHAVEZ, AKA Raymundo Martinez Montes

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LUIS ENRIQUE MONTES-CHAVEZ, AKA
Raymundo Martinez Montes,
Defendant-Appellant.
No. 19-10248
D.C. No. 2:18-cr-01326-SPL-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Steven P. Logan, District Judge, Presiding
Submitted December 8, 2022**
Before: WALLACE, TALLMAN, and BYBEE, Circuit Judges.
Luis Enrique Montes-Chavez appeals from the district court’s judgment and
challenges his guilty-plea conviction for reentry of a removed alien, in violation of
8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Montes-Chavez contends that the immigration court lacked jurisdiction to
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
DEC 14 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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enter the 2013 removal order that provided the basis for his conviction because the
notice to appear did not specify the date and time of his removal hearing. This
argument is foreclosed. See United States v. Bastide-Hernandez, 39 F.4th 1187,
1192-93 (9th Cir. 2022) (en banc) (holding that a defective notice to appear does
not deprive the immigration court of subject matter jurisdiction).
We do not consider Montes-Chavez’s argument that the removal order
violated due process under 8 U.S.C. § 1326(d) because Montes-Chavez
affirmatively waived this claim in the district court. See United States v. Depue,
912 F.3d 1227, 1232 (9th Cir. 2019) (en banc) (intentional abandonment of a claim
precludes appellate review).
AFFIRMED.

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