Gonzalez

MEMORANDUM **

Antonio Gonzalez appeals from his conviction and 51-month sentence following a guilty plea to 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.

Gonzalez contends that the district court erred in denying his motion to dismiss the indictment on the grounds that his prior deportation was invalid. Specifically, Gonzalez contends that because the immigration judge (“IJ”) failed to tell him that he was eligible for relief from deportation under former § 212(c) of the Immigration and Nationality Act, his deportation proceeding was defective and cannot form the basis for a conviction under 8 U.S.C. § 1326 . Assuming, arguendo, the IJ’s failure to inform Gonzalez of his eligibility for relief from deportation violated his due process rights, see United States v. Ubaldo-Figueroa, 364 F.3d 1042,1048 (9th Cir.2004), the district court’s denial of his motion to dismiss was not error because Gonzalez has failed to demonstrate prejudice. See United States v. Gonzalez-Valerio, 342 F.3d 1051, 1056-57 (9th Cir.2003).

Gonzalez next contends that the district court erred in sentencing him pursuant…