Rodriguez-Gomez

*175 MEMORANDUM *

Defendant-Appellant Luis Rodriguez-Gomez (“Rodriguez”) entered a conditional plea of guilty to one count of illegally reentering the United States following deportation, in violation of 8 U.S.C. § 1326 . On appeal, Rodriguez contends that the district court erred in denying his motion to dismiss the illegal-reentry indictment because of purported due process violations at Rodriguez’ previous deportation hearing.

Rodriguez asserts that the Immigration Judge (IJ) who ordered him deported failed to advise him that he might be eligible for relief from deportation under section 212(c) of the Immigration and Naturalization Act. That section, as it read at the time of Rodriguez’ 1993 hearing, provided discretionary relief from deportation for certain lawful permanent resident aliens who had established a “lawful unrelinquished domicile of seven consecutive years” in the United States. 8 U.S.C. § 1182 (c) (1993), repealed by Pub L. 104-208, Sept. 30,1996.

We find no error in the IJ’s failure to advise Rodriguez regarding the possibility of § 212(e) relief because, as both parties agree, Rodriguez was not actually eligible for such relief at the time of his…