Fimbres-Perez

MEMORANDUM *

Miguel Fimbres-Perez appeals his conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

Fimbres asserts that this court should reverse his conviction because the deportation underlying his conviction violated his right to due process. Fimbres argues that *801 the due process violation occurred because the Immigration Judge who ordered Fimbres’ deportation failed adequately to inform him of the availability of a waiver of deportation available under 8 U.S.C. § 1182 (h). Although our precedent recognizes the viability of such a collateral attack, this precedent makes equally clear that in order for this claim to succeed a defendant must show that the due process violation caused him prejudice. United States v. Muro-Inclan, 249 F.3d 1180, 1182 (9th Cir.2001).

In order to show prejudice, the defendant must demonstrate that he had a “plausible ground” for relief under § 1182(h) at the time of the underlying deportation proceeding. Id. Part of this showing includes a demonstration that the defendant’s deportation arguably…