Romero-Sanchez

MEMORANDUM **

Jose Alfredo Romero-Sanchez appeals from his conviction and sentence for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse.

Romero-Sanchez contends that the district court erred by denying his motion to *655 dismiss the indictment, because the entry of the underlying deportation order was fundamentally unfair. To sustain a collateral attack on a deportation order in a subsequent criminal proceeding, a defendant must demonstrate that his due process rights were violated by defects in the underlying deportation proceeding, and that he suffered prejudice as a result. See 8 U.S.C. § 1326 (d); United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1047-48 (9th Cir.2004). To establish prejudice, a defendant must only show that he had a plausible ground for relief from deportation. See id. at 1050 .

The district court found that the deportation proceedings did not violate Romero-Sanchez’s due process rights. However, we conclude that Romero-Sanchez suffered a due process violation when the Immigration Judge ruled that he was not eligible for relief from deportation at the time of the…