Amarra-Herrarte

MEMORANDUM *

Juan Jose Amarra-Herrarte appeals his conviction and 70-month sentence for illegal re-entry into the United States in violation of 8 U.S.C. § 1326 . We affirm. Because the parties are familiar with the facts, we do not recite them in detail.

Amarra-Herrarte first claims that the district court erred in refusing to dismiss his indictment because the underlying deportation order was constitutionally defective. Amarra-Herrarte is barred from raising this claim because the IJ did not fail to inform him of any relief for which he was potentially eligible, and he therefore validly waived his right to appeal the underlying deportation. 1 Amarra-Herrarte was not eligible for relief under section 212(h) because his prior deportation was not based solely on his conviction for an aggravated felony. 2 It was also *454 based on the uncontested fact that he . entered the country without inspection. Amarra-Herrarte was also ineligible for relief under section 245(a) because he was neither “inspected and admitted” nor “paroled” into the country. 3 We therefore need not reach Amarra-Herrarte’s claims of extreme hardship.

Second, Amarra-Herrarte’s interlocutory appeal did not rob…