FILED
NOT FOR PUBLICATION JUN 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-30225
Plaintiff - Appellee, D.C. No. 2:10-cr-06003-EFS
v.
MEMORANDUM *
EFRAIN MEZA-LARA,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Edward F. Shea, District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Efrain Meza-Lara appeals from his conviction for being an alien in the
United States after deportation, in violation of 8 U.S.C. § 1326. We have
jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.
Meza-Lara contends that the district court erred in denying his motion to
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
dismiss the indictment because the prior removal alleged in the indictment was the
product of a fundamentally unfair deportation proceeding. Meza-Lara argues that
the immigration judge incorrectly determined he was ineligible for relief from
removal under section 212(c) of the Immigration and Nationality Act.
The district court properly denied the motion to dismiss the indictment
because Meza-Lara was ineligible for section 212(c) relief when he plead guilty to
an aggravated felony in August 1996. See United States v. Velasco-Medina, 305
F.3d 839, 849 (9th Cir. 2002) (“[A]t the time of [defendant’s] guilty plea, [the
Antiterrorism and Effective Death Penalty Act] had foreclosed § 212(c) relief for
legal permanent residents convicted of aggravated felonies.”).
AFFIRMED.
2 10-30225