Muro-Rivas

*960 MEMORANDUM *

Hildeberto Muro-Rivas appeals the district court’s denial of his motions to withdraw his guilty plea and to dismiss the underlying indictment charging him with violating 8 U.S.C. § 1326—being a deported alien found within the United States. Muro-Rivas is collaterally attacking the deportation which formed a basis for the charge. The district court found that to succeed in his attack, Muro-Rivas had to show “outstanding equities” that would merit § 212(c) relief from that deportation. Muro-Rivas asserts that the district court erred in requiring “outstanding equities” be shown. We have jurisdiction to hear this appeal pursuant to 28 U.S.C. § 1291 . We affirm.

We review de novo the denial of a motion to dismiss an 8 U.S.C. § 1326 indictment when the motion is based on alleged due process defects in an underlying deportation proceeding. U.S. v. Muro-Inelan, 249 F.3d 1180, 1182 (9th Cir.2001). We review the district court’s denial of a motion to withdraw a guilty plea for abuse of discretion. United States v. Nostratis, 321 F.3d 1206, 1208 (9th Cir.2003).

Muro-Rivas can succeed in collaterally attacking his underlying deportation proceeding only if he is able to…