Barajas-Romo

AMENDED MEMORANDUM *

Carlos Barajas-Romo appeals his illegal reentry conviction and 70-month sentence under 8 U.S.C. § 1326 . We affirm.

Even if we accept Barajas-Romo’s claim that the 2004 removal hearing deprived him of his due process rights, this claim fails because he has not shown prejudice resulting from the due process violation. See United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1048 (9th Cir.2004) (citing United States v. Zarate-Martinez, 133 F.3d 1194, 1197 (9th Cir.1998)). To establish prejudice, Barajas-Romo must show that his withholding of removal claim was plausible. See id. at 1050. Barajas-Romo’s statements at the 2004 proceedings indicate that he did not fear that his life or freedom would be threatened in Mexico. Moreover, there is no reason to believe that his father’s alleged killers were still interested in Barajas-Romo in 2004, or that they could even identify him. See Lanza v. Ashcroft, 389 F.3d 917, 934-35 (9th Cir.2004). Consequently, he did not have a plausible withholding of removal claim and any due process violation did not result in prejudice.

The district court did not abuse its discretion when it denied Barajas-Romo’s request for an…