United States of America v. Antonio Esparza-Perez

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
JC/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTONIO ESPARZA-PEREZ,
Defendant - Appellant.
No. 09-50213
D.C. No. 3:08-cr-02522-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Antonio Esparza-Perez appeals from the district court’s order denying his
motion to dismiss the indictment charging him with attempted entry after
deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to
FILED
MAR 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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JC/Research 09-50213 2
28 U.S.C. § 1291, and we affirm.
Esparza-Perez contends that his prior deportation was invalid because an
immigration judge failed to advise him that he might be eligible for discretionary
relief under section 212(c) of the Immigration and Nationality Act. The record
reflects that Esparza-Perez was not prejudiced by any defect in his prior
deportation proceeding. See United States v. Gonzalez-Valerio, 342 F.3d 1051,
1054 (9th Cir. 2003). Specifically, the district court properly concluded that he
failed to establish a plausible ground for relief because the evidence he submitted
was outweighed by, among other factors, his prior conviction for lewd and
lascivious acts upon his minor stepdaughter. See id. 1056-57.
AFFIRMED.

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