Garcia

MEMORANDUM **

Juan Garcia appeals the district court’s denial of his motion to dismiss his indictment for illegally reentering the United States after a prior deportation in violation of 8 U.S.C. § 1326 . Garcia alleges that his deportation was defective because the Immigration Judge (IJ) incorrectly concluded that Garcia had a prior aggravated felony conviction which made him ineligible for discretionary relief under former § 212(c) of the Immigration and Nationality Act (INA). We affirm the judgment of the district court.

Because Garcia had a previous conviction for an aggravated felony, he was ineligible for discretionary relief. See Antiter-rorism and Effective Death Penalty Act of 1996 (AEDPA), § 440(d), Pub.L. 104-132, 110 Stat. 1214 (Apr. 24, 1996) (making aggravated felons ineligible for discretionary relief). Garcia’s past conviction for indecent contact with a minor is considered an aggravated felony according to § 321 of the Illegal Immigration Responsibility and Reform Act (IIRIRA). See IIR-IRA, § 321(a) (codified at 8 U.S.C. § 1101 (a)(43)(A)) (defining “sexual abuse of a minor” as an aggravated felony).

Although Garcia’s conviction occurred prior to IIRIRA’s…