Hernandez-Hernandez

MEMORANDUM **

Lourdes Hernandez-Hernandez pled guilty to one count of being a deported alien found in the United States without permission to reenter in violation of 8 U.S.C. § 1326 . She filed a motion to dismiss the indictment based on a violation of due process at her deportation hearing, when the immigration judge failed to advise her of her eligibility for a waiver of deportation under 8 U.S.C. § 1182 (h). The district court denied the motion, and Hernandez-Hernandez appealed. We have jurisdiction under 28 U.S.C. § 1291 . We review the denial of the motion to dismiss the indictment de novo, United States v. Muro-Inclan, 249 F.3d 1180, 1182 (9th Cir.2001), and we affirm.

The government conceded that Hernandez-Hernandez’s due process right was violated. To prevail on her motion to dismiss the indictment, however, Hernandez-Hernandez had to show prejudice, by demonstrating that she had a “plausible” ground for relief from deportation. Id. at 1184 . Such a showing requires “extreme hardship,” or “great actual or prospective injury or extreme impact on the citizen family member, beyond the common results of deportation.” Id. (quotations omitted); see United States v. Arrieta,…