Trejo-Ramirez

MEMORANDUM *

Juan Carlos Trejo-Ramirez (“Trejo-Ramirez”) appeals his conviction and sentence for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 (a).

I.

Trejo-Ramirez argues for the first time on appeal that the district court should have dismissed his indictment because his underlying deportation order was invalid. He contends the immigration judge (“IJ”) improperly characterized his petty theft offense as an aggravated felony and, consequently, erroneously advised him that he was ineligible to seek relief from removal. See United States v. Pallares-Galan, 359 F.3d 1088, 1096, 1103-04 (9th Cir.2004). Because this claim was never made to the district court, we review for plain error. 1 United States v. Olano, 507 U.S. 725, 732-36 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993).

Trejo-Ramirez cannot establish plain error. The IJ’s decision was correct under the law at the time of Trejo-Ramirez’s deportation hearing, see United States v. Corona-Sanchez, 234 F.3d 449, 455 (9th Cir.2000), and the deportation order was therefore lawful when entered. Moreover, it is not clear that Trejo-Ramirez could establish he suffered prejudice. TrejoRamirez also had a conviction…