UNITED STATES OF AMERICA v. OMAR DOMINGUEZ VALENCIA (2017)

MEMORANDUM*

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.

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.