Interian-Mata

MEMORANDUM ***

Santos Manuel Interian-Mata (“Interian”) appeals the district court’s denial of his motion to dismiss a charge of being found in the United States after being removed, in violation of 8 U.S.C. § 1326 . Specifically, Interian challenges the district court’s order finding, on remand from our earlier disposition in United States v. Interian-Mata, 118 Fed. Appx. 223 (9th Cir.2004), that he was not prejudiced by the Immigration Judge’s failure to inform him of his eligibility for relief under § 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (c). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court’s order.

Interian bears the burden of demonstrating prejudice, see United States v. Gonzalez-Valerio, 342 F.3d 1051, 1054 (9th Cir.2003), and to meet this burden Interian must show that it was “plausible” he would have received § 212(c) relief, see id. As a result of Interian’s particular criminal history, any plausible relief is contingent on a demonstration of “unusual or outstanding equities.” See, e.g., id. at 1056-57. Such a demonstration is not always sufficient, however. Matter of Edwards, 20 I. & N. Dec. 191, 196 (BIA 1990).…