Mariscal-Figueroa

MEMORANDUM **

As Appellant Mariscal-Figueroa fails to demonstrate that his prior deportations would have resulted in an “extreme hardship” to his citizen wife and children—if the issue of his eligibility for relief from deportation was properly raised by the Immigration Judge—he is unable to show prejudice arising from the alleged due process violation he claims invalidates the deportations which underpin his conviction for being a deported alien found in the United States, 8 U.S.C. § 1326 . Accordingly we affirm the judgment of conviction.

In a criminal prosecution under § 1326, “the Due Process Clause of the Fifth Amendment requires a meaningful opportunity for judicial review of the underlying deportation.” United States v. Arrieta, 224 F.3d 1076, 1079 (9th Cir.2000) (quoting United States v. Zarate-Martinez, 133 F.3d 1194, 1197 (9th Cir.1998)). If the deportation proceeding failed to provide this opportunity, the validity of the deportation may be collaterally attacked in the § 1326 criminal proceeding. Id. In order to succeed in the collateral attack, the deportee must demonstrate that (1) his due process rights were violated by defects in his underlying deportation…