Alonza-Mendoza

AMENDED MEMORANDUM *

The memorandum disposition filed March 21, 2007, 225 Fed.Appx. 655 , is amended in full as follows:

Jacinto Alonza-Mendoza was deported from the United States in 1997 after a hearing in immigration court at which he was not informed of his right to appeal or his eligibility for fast-track voluntary departure under 8 U.S.C. § 1229e(a). Over the course of 2003, Alonza-Mendoza was convicted of second-degree robbery, removed following an expedited proceeding and then found again in the United States. He was subsequently tried by jury and convicted of being a deported alien found in the U.S. in violation of 8 U.S.C. § 1326 . He now appeals his conviction and 78-month sentence.

We agree with Alonza-Mendoza that his due process rights were violated when the immigration judge (“13”) did not individually inform him of his right to appeal and eligibility for fast-track voluntary departure. See United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1048-49 (9th Cir. 2004); United States v. Gonzalez-Valerio, 342 F.3d 1051, 1054 (9th Cir.2003). However, we disagree that he was prejudiced by this due process violation. To establish prejudice, an alien must demonstrate that he…