Chen

MEMORANDUM **

Qin Chen appeals his guilty-plea conviction and sentence on three counts of attempting to bring unauthorized aliens into the United States for financial gain in violation of 8 U.S.C. § 1324 . We dismiss for lack of jurisdiction.

The government asserts that Chen’s appeal is precluded by the waiver of appeal contained in his plea agreement. We review de novo waiver of a statutory right to appeal. United States v. Martinez, 143 F.3d 1266, 1270 (9th Cir.1998). A waiver of appeal is enforceable if the waiver was “knowingly and voluntarily made” and the language of the waiver encompasses the defendant’s right to appeal on the grounds claimed on appeal. Id. at 1270-71 . An enforceable waiver deprives us of jurisdiction to hear the appeal. United States v. Vences, 169 F.3d 611, 613 (9th Cir.1999).

Chen argues that his plea was not knowingly and voluntarily entered into due to the magistrate judge’s failure to adequately explain the waiver provision at the plea change hearing, in violation of Federal Rule of Criminal Procedure 11(c)(6). See United States v. Ma, 290 F.3d 1002, 1005 (9th Cir.2002). Chen’s plea colloquy took place on November 26, 1999, approximately one week…