Lopez-Magallon

MEMORANDUM ***

Lopez appeals from his jury conviction and 96-month sentence for violating 8 U.S.C. § 1326 .

Lopez attempts to collaterally attack his 1995 deportation on the ground that the Immigration Judge did not inform him that he might have been eligible under former INA § 212(c) for relief from deportation. However, Lopez has no “plausible *418 grounds for relief that might have been available to him.” 1 In order to qualify for relief under former INA § 212(c), Lopez would have needed “outstanding equities ... for discretionary relief’ at the time of his 1995 deportation. 2 In the five years before his deportation, Lopez had a drug conviction and four other convictions. He showed no positive equities to overcome this significant criminal history, so he did not establish any “plausible grounds” for relief from deportation in 1995. Thus, he was not prejudiced, as Proa-Tovar requires, by any failure to inform.

Lopez next argues that the district court erred by allowing the government to introduce evidence of his 2004 deportation. He argues that this evidence was “bad act” evidence governed by Federal Rule of Evidence 404(b). However, Rule 404(b) is not applicable “where…