Garcia

MEMORANDUM *

Julio Raul Garcia appeals his conviction for illegal reentry pursuant to 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Garcia first challenges the prior removal order on the ground that the immigration judge (IJ) violated his due process rights. See United States v. Ortiz-Lopez, 385 F.3d 1202, 1203-04 (9th Cir.2004) (per curiam) (allowing due process collateral attack). Garcia argues that the IJ incorrectly advised him of the proper standard for relief under the Convention Against Torture and failed to advise him on the types of evidence needed to seek asylum protection. Even assuming that Garcia has alleged a cognizable due process violation, he has not shown that he suffered any prejudice. See id. (requiring prejudice for a collateral attack). He never represented that he would have filed an application for asylum protection if not for the IJ’s alleged error. Moreover, Garcia was advised by the IJ that he should obtain legal representation and file an application for relief. Garcia declined to do so.

Next, Garcia argues that the district court improperly limited his duress defense to events that transpired in Mexico, and in…