
    UNITED STATES of America, Plaintiff—Appellee, v. Jorge Alberto SOTO-CASTELO, Defendant—Appellant.
    No. 09-10097.
    United States Court of Appeals, Ninth Circuit.
    
      Submitted Dec. 15, 2009.
    
    Filed Jan. 6, 2010.
    Robert A. Bork, Esquire, Office of the U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee.
    Jason F. Carr, Esquire, Assistant Federal Public Defender, Federal Public Defender’s Office, Las Vegas, NV, for Defendant-Appellant.
    Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Jorge Alberto Soto-Castelo appeals from the district court’s order denying his motion to dismiss the indictment charging him with being an alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Soto-Castelo contends that his prior deportation was invalid because the immigration judge failed to advise him that he might be eligible for “fast-track” voluntary departure under 8 U.S.C. § 1229c(a)(l). Soto-Castelo was not prejudiced by any defect in his prior deportation proceeding. In particular, Soto-Castelo has not demonstrated a plausible ground for relief from deportation, see United States v. Arrieta, 224 F.3d 1076, 1079 (9th Cir.2000), because he had a prior aggravated felony conviction, and was therefore barred from receiving voluntary departure, see United States v. Benitez-Perez, 367 F.3d 1200, 1204 (9th Cir.2004); see also Lopez v. Gonzales, 549 U.S. 47, 52-53, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006).

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     