Mendoza-Licea

MEMORANDUM **

Jose Adan Mendoza-Licea 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 affirm.

Mendoza-Licea contends that the district court erred in denying his motion to dismiss the indictment on the grounds that his prior removal was invalid. Specifically, Mendoza-Licea argues 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 . Even assuming the IJ’s failure to inform Mendoza-Licea of his eligibility for relief from removal violated his due process rights, see United States v. Pallares-Galan, 359 F.3d 1088, 1095 (9th Cir.2004), the district court’s denial of his motion to dismiss was not error because MendozaLicea has failed to demonstrate any prejudice, see United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1050 (9th Cir.2004).

Because Mendoza-Licea was sentenced under the then-mandatory Sentencing Guidelines,…