Rivera-Velasquez

MEMORANDUM ***

Defendant Hiram Rivera-Velasquez appeals his conviction for illegally reentering the United States after deportation in violation of 8 U.S.C. § 1326 . He challenges the validity of a plea agreement in which he waived the right to appeal his prior deportation. He contends that the prior deportation should not serve as a predicate for the illegal reentry charge, because the Immigration Judge (“IJ”) violated his right to due process by failing to inform him of the possibility of voluntary departure. We affirm.

In the 1997 plea agreement, Rivera-Velasquez unambiguously waived “any and all rights to appeal, reopen, or challenge in any way the prior deportation hearing” in exchange for a downward departure recommendation. This language plainly states that he waived his right to appeal the prior deportation, and it need not specifically contemplate the possibility of future prosecutions. See United States v. Jeronimo, 398 F.3d 1149, 1154 (9th Cir. 2005) (holding that the plea agreement “plainly states that [defendant] waived his right to appeal his sentence on any and all grounds in exchange for a sentence of less than twenty years”) (emphasis in original). Moreover, the…