Reveles-Espinoza

MEMORANDUM **

Norberto Reveles-Espinoza was convicted under 8 U.S.C. § 1326 . He appeals his conviction, arguing that the deportation underlying his conviction was improper because: (1) the immigration judge failed to advise him he was eligible for cancellation of removal and (2) he received insufficient notice of the asserted basis for his deportation.

I. Reveles-Espinoza’s State Conviction

Because Reveles-Espinoza moved to dismiss his § 1326 indictment based on an alleged due process defect in his underlying deportation proceeding, we review the court’s failure to dismiss de novo. See United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1047 (9th Cir.2004). We also review de novo whether Reveles-Espinoza’s state conviction was an aggravated felony within the meaning of federal law, which would render him ineligible for cancellation of removal. See Parrilla v. Gonzales, 414 F.3d 1038, 1041 (9th Cir.2005).

If Reveles-Espinoza’s conviction under California Health and Safety Code § 11358 is an “aggravated felony” within the meaning of 8 U.S.C. § 1229b, he was not eligible *457 for cancellation of removal and his deportation was proper. See 8 U.S.C. § 1229b(a). “ ‘Aggravated felony’…