Lua-Bermejo

MEMORANDUM

Sergio Lua-Bermejo appeals from his conviction for attempted entry after deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Lua-Bermejo contends that the district court erred when it denied his motion to dismiss the indictment because the prior removal alleged in the indictment was the product of a fundamentally unfair deportation proceeding. First, Lua-Bermejo contends that his appeal waiver was invalid. The record reflects that his waiver was “considered and intelligent.” United States v. Estrada-Torres, 179 F.3d 776, 781 (9th Cir.1999) (per curiam), overruled on other grounds by United States v. Rivera-Sanchez, 247 F.3d 905 (9th Cir.2001) (en banc).

Second, Lua-Bermejo contends that he was not adequately advised of possible eligibility for discretionary relief under former section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (c) (1994). There was no possibility that Lua-Bermejo was eligible for relief because he did not have the requisite seven years of unrelin-quished domicile. See 8 U.S.C. § 1182 (c) (1994); United States v. Lopez-Velasquez, 629 F.3d 894, 896-901 (9th Cir.2010) (en…