United States v. Braulio Gonzalez-Tejeda

599 F. App'x 734

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 10, 2015
• Docket: 13-50435
• Status: Unpublished

Opinion

MEMORANDUM ***

Defendant Braulio Gonzalez-Tejeda appeals the district court’s denial of his 8 U.S.C. § 1326(d) motion to dismiss the indictment. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm the conviction.

The district court did not err when it considered judicially noticeable conviction documents not admitted at the removal hearing to decide whether the defendant had a plausible claim for relief from removal, ie., whether the defendant was removable as charged for having committed a drug trafficking aggravated felony. United States v. Bustos-Ochoa, 704 F.3d 1053, 1056-57 (9th Cir.2012) (per curiam), amended, 714 F.3d 1133 (9th Cir.2013). The defendant cannot prove prejudice be cause the conviction documents confirm the defendant’s admission to the immigration judge that the conviction was a drug trafficking aggravated felony. Id.

Because the defendant cannot prove prejudice, in any event, we do not reach his argument that his administrative appeal waiver was not considered and intelligent.

AFFIRMED.

*** fjjjg disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.