Garcia

MEMORANDUM

Appellant was convicted of re-entry into the United States after deportation in vio *94 lation of 8 U.S.C. § 1326 (a), as enhanced by § 1326(b)(2). Prior to trial, he brought a “Motion for Acquittal,” which was denied.

Appellant appeals the denial of his motion for acquittal, arguing, as an initial matter, that he was entitled to re-enter the country based on his status as a Legal Permanent Resident (LPR). As this court recently made clear, however, an alien’s LPR status terminates upon the entry of a final deportation order. See United States v. Reyna-Tapia, 294 F.3d 1192, 1196-97 (2002).

In the alternative, appellant contends that the trial court should have sustained his collateral attack on the order of deportation, arguing that the underlying deportation proceedings did not comport with due process. Appellant first argues that his deportation proceedings were constitutionally defective because he was not given notice that his LPR status was in jeopardy. As this court recently observed, however, the notice of deportation given to appellant “should have put [him] on notice that his ‘privilege of residing permanently in the United States as an immigrant,’ in…