United States of America v. Omar Dominguez-Valencia

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
OMAR DOMINGUEZ-VALENCIA,
Defendant-Appellant.
No. 15-50531
D.C. No. 3:15-cr-02064-BTM
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Barry Ted Moskowitz, Chief Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Omar Dominguez-Valencia appeals from the district court’s judgment and
challenges his guilty-plea conviction for attempted reentry of a removed alien, in
violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
SEP 29 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-50531
Dominguez-Valencia contends that his underlying removal order, which was
based on his conviction for burglary in violation of California Penal Code § 459, is
invalid in light of this court’s decision in Dimaya v. Lynch, 803 F.3d 1110 (9th Cir.
2015), cert. granted, 137 S. Ct. 31 (2016). Regardless of the merits of this
contention, by entering an unconditional guilty plea, Dominguez-Valencia waived
his right to challenge the validity of the underlying removal order. See Tollett v.
Henderson, 411 U.S. 258, 267 (1973).
Dominguez-Valencia’s unopposed motion to take judicial notice is granted.
AFFIRMED.

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