Ramirez

MEMORANDUM **

Edgar Ramirez appeals the district court’s denial of a motion to dismiss an indictment charging him with illegal reentry in violation of 8 U.S.C. § 1326 . Ramirez argues that a due process error during his removal proceeding made his deportation order fundamentally unfair within the meaning of 8 U.S.C. § 1326 (d)(3).

The Immigration Judge (“IJ”) improperly failed to notify Ramirez of possible relief from deportation. Sufficient information was before the IJ to have allowed the IJ to infer that relief was available to Ramirez as the unmarried child of a legal permanent resident (“LPR”). See United States v. Barraza-Leon, 575 F.2d 218, 222 (9th Cir.1978). The IJ knew that Ramirez had entered the country legally with his parents and siblings when he was young and that Ramirez had previously made an application to the INS under the Family Unity Program, a program which is available only to spouses or unmarried children of LPRs. See 8 C.F.R. § 236.11 . In addition, the INS attorney at the deportation hearing had a document in his possession that clearly stated that both Ramirez’s parents were LPRs. The IJ asked Ramirez whether his parents were U.S. citizens, but given…