Aragon-Aviles

MEMORANDUM **

Juan Aaron Aragon-Aviles appeals his conviction, pursuant to a conditional guilty plea, for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate and remand.

Aragon-Aviles contends that the district court erred in denying his motion to dismiss the indictment on the grounds *621 that his prior removal was invalid. Specifically, Aragon-Aviles contends that because the immigration judge (“IJ”) failed to tell him that he was eligible for relief from removal under former § 212(c) of the Immigration and Naturalization Act, his removal proceeding was defective and cannot form the basis for a conviction under 8 U.S.C. § 1326 . Reviewing de novo, see United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1047 (9th Cir.2004), we conclude that, at the time of Aragon-Aviles’ 2000 removal hearing, he had a claim for relief under former § 212(c), and the failure of the IJ to inform Aragon-Aviles of his eligibility violated his due process rights. See INS v. St. Cyr, 533 U.S. 289, 297, 396 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001); Ubaldo-Figueroa, 364 F.3d at 1049-50 . Aragon-Aviles was therefore deprived…