It's a federal criminal case against Roberto Bustos-Ochoa brought in the Southern District of California. Illegal reentry.
Bustos-Ochoa wants to collaterally challenge his removal, claiming that he could have obtained voluntary departure instead of being deported. Nope. The panel gets in right. In a per curiam opinion that's both straightforward and easy. While the government might not have "introduced" evidence that Bustos-Ochoa was guilty of a felony (and hence ineligible for voluntary removal) at the removal hearing, Bustos-Ochoa was, in fact, guilty of the offense. So he was indeed ineligible, and so wouldn't have obtained voluntary departure.
So Bustos-Ochoa gets to spend two years in prison.
