Chicas-Sanchez

MEMORANDUM **

Luis Alonso Chicas-Sanchez appeals the district court’s judgment denying his motion to dismiss the indictment and motion for downward departure. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the denial of a motion collaterally attacking a deportation. See United States v. Leon-Paz, 340 F.3d 1003, 1004 (9th Cir.2003). We review for abuse of discretion a district court’s decision to depart from the sentencing guideline range, see United States v. Banuelos-Rodriguez, 215 F.3d 969, 972 (9th Cir.2000) (en banc), and we affirm.

Chicas-Sanchez contends that his due process rights were violated and his 1992 and 1996 deportation proceedings were invalid because the Immigration Judges failed to inform him of the available relief under Section 212(h) of the Immigration and Naturalization Act ( 8 U.S.C. § 1182 (h)). We disagree.

Chicas-Sanchez failed to demonstrate prejudice because the letter submitted by his wife does not demonstrate a showing of an “extreme impact on the citizen family member beyond the common results of deportation.” United States v. Muro-Inclan, 249 F.3d 1180, 1184-85 (9th Cir.2001) (internal quotations and citations omitted).…