Montoya-Ortiz

MEMORANDUM *

Julio Antonio Montoya-Ortiz (“Montoya”) appeals his conviction under 8 U.S.C. § 1326 for illegal reentry into the United States after removal. Montoya argues that his underlying removal was invalid because it resulted from an impermissible retroactive application of the Antiterrorism and Effective Death Penalty Act (“AED-PA”), Pub.L. No. 104-132, 110 Stat. 1214, and the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), Pub.L. No. 104-208, 110 Stat. 3009-546. We affirm the conviction and sentence.

Background

In 1994, Montoya, a lawful permanent resident, pled guilty to committing a lewd or lascivious act with a child under the age of 14, in violation of California Penal Code § 288(a), and sodomy of a person under age 16, in violation of California Penal Code § 286(b)(2). He was sentenced to one year in jail. As part of his guilty plea, Montoya completed a form on which he wrote his initials beside the statement: “I understand that if I am not a citizen of the United States a plea of Guilty ... could result in deportation.” At the time, however, Montoya’s conviction and sentence were not considered a deportable offense under the Immigration and…