Garcia-Frausto

MEMORANDUM **

Juan Garcia-Frausto (“Garcia-Frausto”) appeals from the judgment of conviction for being an alien found in the United States following deportation in violation of 8 U.S.C. § 1326 . He entered a conditional plea of guilty following denial of his motion to dismiss the indictment. In this appeal, he seeks reversal on the ground that his attorney and the immigration judge (“IJ”) failed to inform him of his possible eligibility for a waiver of deportation. We affirm because we conclude that Garcia-Frausto was not prejudiced by: (1) the failure of the IJ to advise him that he might be eligible for a waiver of deportation, or (2) *572 the decision of his retained counsel that he was not eligible for relief. Because the pertinent facts and procedural history are known to the parties, we shall only summarize those pertinent to our analysis of Garcia-Frausto’s contentions.

I

This court “reviews de novo the denial of a motion to dismiss an 8 U.S.C. § 1326 indictment when the motion to dismiss is based on alleged due process defects in an underlying deportation proceeding.” United States v. Muro-Inclan, 249 F.3d 1180, 1182 (9th Cir.2001) (citations omitted), ce rt. denied,…