United States of America, Plaintiff-appellee, v. Marvin Chavarria-miranda, Defendant-appellant, 139 F.3d 908 (9th Cir. 1998)

MEMORANDUM^* 

Appellant Chavarria-Miranda appeals his conviction for illegal reentry of an alien following deportation subsequent to a felony conviction in violation of 8 U.S.C. § 1326(b) (1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm the conviction.

Appellant fails to demonstrate that he was prejudiced by the failure of the Immigration Judge to inform him of his right to appeal a decision by the Board of Immigration Appeals to a federal court. Immigration and Naturalization Service v. Elias-Zacarias, 502 U.S. 478, 112 S. Ct. 812, 117 L. Ed. 2d 38 (1992). Because he does not show prejudice, the district court did not err in allowing the government to rely on his prior deportation in convicting him under 8 U.S.C. § 1326. United States v. Alvarado-Delgado, 98 F.3d 492 (9th Cir. 1996) (en banc).

Since Appellant fails to demonstrate prejudice, we need not decide whether the deportation hearing was procedurally defective. Id.

AFFIRMED.