Madrid-Figueroa

MEMORANDUM **

Teodoro Madrid-Figueroa appeals from the district court’s denial of his motion to ■withdraw his guilty plea to illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Madrid-Figueroa contends that the district court erred by denying his motion to *635 withdraw his guilty plea so that he could file a motion to dismiss his indictment for defects in his prior deportation hearing pursuant to United States v. Ortega-Ascanio, 376 F.3d 879 (9th Cir.2004). We conclude that the district court did not abuse its discretion by denying Madrid-Figueroa’s motion. Ortega-Ascanio was decided prior to Madrid-Figueroa’s guilty plea, and therefore was not intervening authority constituting a fail* and just reason for withdrawal of the plea. Cf. Ortega-Ascanio, 376 F.3d at 887 (defendant demonstrated fair and just reason for withdrawing his plea where intervening Supreme Court decision overruled Circuit precedent). Furthermore, Madrid-Figueroa could not have successfully collaterally attacked the underlying deportation order because “[rjeinstatement of a prior removal order — regardless of the process…