Raya-Baez

MEMORANDUM **

Sergio Raya-Baez, a native and citizen of Mexico, appeals the district court’s judgment denying his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 . We have jurisdiction under 28 U.S.C. §§ 1291 and 2253(a), and we review de novo. Angulo-Dominguez v. Ashcroft, 290 F.3d 1147, 1149 (9th Cir.2002). We affirm.

Raya-Baez challenges the decision of the Immigration and Naturalization Service (“INS”) to reinstate his prior order of deportation under 8 U.S.C. § 1231 (a)(5). However, Raya-Baez entered into a plea agreement with the government in his illegal reentry case under 8 U.S.C. § 1326 (a), which expressly agreed to the reinstatement of the prior deportation order, and waived his right to contest the reinstatement. Accordingly, the district court correctly found that Raya-Baez’s petition is barred by the express terms of his plea agreement. See, e.g., United States v. Baramdyka, 95 F.3d 840, 843 (9th Cir.1996) (holding that a waiver of the right to appeal will be upheld if it is knowing and voluntary).

We reject Raya-Baez’s contention that counsel in his section 1326 proceeding was ineffective because Raya-Baez cannot show prejudice. See id. at…