Zamudio-Pena

MEMORANDUM **

Julio Cesar Zamudio-Pena petitions for review of the Board of Immigration Appeals’ (BIA) decision that Zamudio-Pena was inadmissible on the basis of (1) his presence without admission or parole, 8 U.S.C. § 1182 (a)(6)(A)©; and (2) his conviction for possession of drug paraphernalia, 8 U.S.C. § 1182 (a)(2)(A)(i)(II); and that he was ineligible for any relief, including voluntary departure, adjustment of status, and cancellation of removal. He does not contest his removability, but challenges the BIA’s denial of relief. We have jurisdiction under 8 U.S.C. § 1252 (a), and grant his petition and remand for a new removal proceeding.

Zamudio-Pena argues that the immigration judge did not adequately inform him of his apparent eligibility for pre-hearing voluntary departure or sufficiently explain the differences between pre-hearing and post-hearing voluntary departure, and that the IJ’s failure to do so constituted a violation of his right to procedural due process. “The Fifth Amendment guarantees due *167 process in deportation proceedings.” Campos-Sanchez v. INS, 164 F.3d 448, 450 (9th Cir.1999). To prevail on his claim, Zamudio-Pena must show both that a due process…