Balderas

MEMORANDUM **

Rafael Balderas, a citizen of Mexico, appeals his jury conviction and sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

We affirm the district court’s decision to deny the motion to dismiss § 1326 indictment. The Immigration Judge failed to make a voluntariness determination, as required by 8 C.F.R. § 1003.25 (b). However, assuming that this error violated Balderas’ due process rights, Balderas failed to show any prejudice, because he has no plausible grounds for relief. See U.S. v. Bahena-Cardenas, 411 F.3d 1067, 1077 (9th Cir.2005); U.S. v. Ubaldo-Figueroa, 364 F.3d 1042, 1052 (9th Cir.2004). Balderas’ 2006 stipulated removal was based on his 2006 entry without inspection, not the 1997 deportation after his conviction for an aggravated felony. See Hernandez-Almanza v. U.S., 547 F.2d 100, 102 (9th Cir.1976) (validity of a removal for entry without inspection is not affected by the legality of a prior exclusion). As a result, Balderas was legally deportable in 2006, despite any error in the 1997 proceeding, and the stipulated removal…