Juarez-Garcia

MEMORANDUM **

Juan Manuel Juarez-Garcia, a native and citizen of Mexico, appeals pro se the district court’s denial of his 28 U.S.C. § 2241 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 2253 , we review de novo, see Singh v. Ashcroft, 351 F.3d 435, 438 (9th Cir.2003), and we affirm.

First, Juarez-Garcia contends that his Notice to Appear was legally insufficient to confer jurisdiction on the immigration courts because it did not delineate which of the 21 possible categories of aggravated felonies listed at 8 U.S.C. § 1101 (a)(43) was the basis for removal and it did not state the time and place of the removal hearing. We disagree.

Juarez-Garcia’s first contention is belied by the fact that the Notice to Appear stated the exact aggravated felony conviction which formed the basis for the notice. Even assuming error, he has not demonstrated any prejudice by the omissions in the notice to appear. See Baires v. INS, 856 F.2d 89, 91 (9th Cir.1988) (requiring a showing of prejudice to overturn a deportation order based on a violation of statutory procedural rights).

Next, contrary to Juarez-Garcia’s contention, he cannot demonstrate that his right to due process was…