Ortega-Ascanio

MEMORANDUM ***

Alfredo Ortega-Ascanio appeals the district court’s denial of his motion to dismiss his 8 U.S.C. § 1326 conviction for being an alien found in the United States after deportation. Ortega-Ascanio asserts that his underlying deportation was constitutionally defective because the Immigration Judge failed to inform him that he was eligible for § 212(c) relief. We previously held that the IJ’s failure to notify Ortega-Ascanio of § 212(c) eligibility violated his due process rights, but remanded on the question of whether Ortega-Ascanio suffered prejudice as a result of this violation. See United States v. Ortega-Ascanio, 376 F.3d 879 (9th Cir.2004). Given OrtegaAseanio’s serious criminal history and limited equities in his favor, we agree with the district court’s finding on remand that Ortega-Ascanio fails to state a “plausible” ground for relief under § 212(c) and thus suffered no prejudice from the IJ’s failure to inform. U.S. v. Gonzalez-Valerio, 342 F.3d 1051, 1054 (9th Cir.2003).

Because the parties are familiar with the facts and procedural history of this case, we do not recite them in detail. OrtegaAscanio has a serious criminal history including convictions…