Rodriguez-Orellana

United States v. Rodriguez-Orellana

Good Law
205 F. App'x 623
United States Court of Appeals for the Ninth CircuitNovember 14, 2006No. 06-10077California197 words

Opinion

Lead Opinion

MEMORANDUM **

Mauricio Rodriguez-Orellana appeals from the district court’s order denying his motion to dismiss the indictment charging him with illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Rodriguez-Orellana contends that he demonstrated prejudice resulting from the Immigration Judge’s failure to inform him of the possibility of relief pursuant to 8 U.S.C. § 1182 (h) in a prior deportation hearing. We conclude that Rodriguez-Orellana has not shown that he had “a plausible ground for relief from deportation.” United States v. Muro-Inclan, 249 F.3d 1180, 1184 (9th Cir.2001) (quotations omitted). While Rodriguez-Orellana contends that deportation would have, and did cause permanent separation between him and his wife and their United States citizen children, he has not presented “well-documented proof’ of extreme hardship. See id. at 1186 ; cf. United States v. Arrieta, 224 F.3d 1076, 1082 (9th Cir.2000) (finding plausible ground for relief where defendant thoroughly documented non-economic hardship to family members).

AFFIRMED.

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