Ninth Circuit -- USA V. ROBERTO BUSTOS-OCHOA

Where deportation predicate offense is not established as a predicate before the Immigration Judge, but is still as a matter of law a good predicate, petitioner cannot collaterally challenge the order of removal, as petitioner waived the opportunity for relief immediately subsequent to the deportation hearing, even if not informed of the opportunity. 

[Maybe. And the fact that we sometimes hedge on these quick summaries shouldn't establish that the non-hedged summaries are good ones.  Entertainment purposes only.]

No Apprendi error in sentencing factors.




USA V. ROBERTO BUSTOS-OCHOA