Lopez-Larios

*37 MEMORANDUM **

Miguel Lopez-Larios appeals from the judgment of conviction for being an alien found in the United States following deportation on four occasions in violation of 8 U.S.C. § 1326 . He entered a conditional plea of guilty following the denial of his motion to dismiss the indictment. 1 In seeking reversal, he contends that the order of deportation was not valid because he was not advised by the immigration judge (“IJ”) at his 1991 deportation proceedings of the possible grounds for relief from deportation. We affirm because we conclude that Lopez-Larios was not prejudiced by the defect in his deportation proceedings because he has failed to demonstrate that his deportation would have resulted in extreme hardship to his mother.

I

This corni; “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 proeeeding.” United States v. Muro-Inclan, 249 F.3d 1180, 1182 (9th Cir.2001), cert. denied, sub nom. Vidrio-Aleman v. United States, — U.S. —, 122 S.Ct. 180 , 151 L.Ed.2d 125 (2001). A defendant may collaterally attack the underlying deportation order…