Cases

PER CURIAM: * The Federal Public Defender appointed to represent Juan Castillo-Hernandez (Castillo) on appeal has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Castillo has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issue for appeal. Accordi

PER CURIAM: * The Federal Public Defender appointed to represent Juan Castillo-Hernandez (Castillo) on appeal has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Castillo has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issue for appeal. Accordi

PER CURIAM:* Jose Marcos Castillo-Hernandez contends for the first time on appeal that the aggravated felony enhancement found in 8 U.S.C. § 1326(b) is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). He concedes that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

ORDER AND JUDGMENT * SCOTT M. MATHESON, JR., Circuit Judge. Mr. Castillo petitions for review of a Board of Immigration Appeals (“BIA”) order. We lack jurisdiction under Article III of the Constitution or 8 U.S.C. § 1252(a)(2)(C). I. BACKGROUND Mr.

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS CHRISTINE M. ARGUELLO, United States District Judge This matter is before the Court on Petitioner Juan Castillo Hernandez’s petition for a writ of habeas corpus. (Doc. #1.) This Court has already granted Mr. Castillo’s habeas petition. (Doc. # 10.) Below, the Court sets forth in full its reasoning for granting this relief.

PER CURIAM: * Jorge Alberto Hernandez-Castillo pled guilty to being unlawfully in the United States after having previously been deported. He claims the district court erred by imposing a particular sentencing enhancement and by departing upwardly or varying from the calculated Guidelines range. We AFFIRM. FACTS On August 18, 2008, Jorge Al

540 U.S. 1085 CASTILLO-HERNANDEZv.UNITED STATES. No. 03-7367. Supreme Court of United States. December 8, 2003. 1 Appeal from the C. A. 5th Cir. 2 Certiorari denied. Reported below

C. A. 5th Cir. Certiorari denied.

C. A. 5th Cir. Certiorari denied.

McCONNELL, Circuit Judge. Jorge Hernandez-Castillo pleaded guilty to illegally reentering the United States in violation of 8 U.S.C. §§ 1326(a)(1), (a)(2), and (b)(2). At sentencing, the district court enhanced Mr. Hernandez-Castillo’s base offense level by 16 points, finding that a prior California conviction for engaging in sexual intercourse with a minor was a felony and a

C. A. 5th Cir. Certiorari denied.

C. A. 5th Cir. Certiorari denied.

535 U.S. 945 HERNANDEZ-CASTILLOv.UNITED STATES. No. 01-8223. Supreme Court of the United States. March 18, 2002. 1 C. A. 5th Cir. Certiorari denied. Reported below: 275 F. 3d 1078.

C. A. 1st Cir. Certiorari denied.

C. A. 10th Cir. Certiorari denied.

C. A. 10th Cir. Certiorari denied.

162 F.3d 1176 U.S.v.Hernandez-Castillo* NO. 97-2136 United States Court of Appeals,Eleventh Circuit. October 30, 1998 Appeal From: M.D.Fla. , No.9600044CRT17A 1 Affirmed.

JERRY E. SMITH, Circuit Judge: Enrique Hernandez-Castillo, a removed alien, challenges the ruling of an immigration (“IJ”) that he is not eligible for a waiver of removal under now-repealed § 212(c) of the Immigration and Nationality Act (“INA”). Treating this action as a petition for review, and agreeing with the ruling of the IJ,

402 F.Supp.2d 749 (2005) Enrique HERNANDEZ-CASTILLO Applicant, v. Marc J. MOORE, as Field Office Director for Detention and Removal for the Immigration and Customs Enforcement, et. al. Respondent. No. SA-04-CA-0710. United States District Court, W.D. Texas, San Antonio Division. January 7, 2005. *750 Simon M. Azar-Farr, Simon M.