United States of America, Plaintiff-appellee, v. Victor Manzo-figueroa, Defendant-appellant, 66 F.3d 336 (9th Cir. 1995)

Before: BEEZER and THOMPSON, Circuit Judges and QUACKENBUSH, District Judge.^** 

ORDER

Victor M. Manzo-Figueroa appeals his conviction of illegal reentry after deportation subsequent to a conviction for commission of an aggravated felony in violation of 8 U.S.C. § 1326(b) (2). He argues that because he was not provided with due process at his deportation hearing the district court erred in failing to suppress evidence of the hearing. In this circuit, a defendant who is seeking to exclude evidence of a deportation order must demonstrate both a deprivation of due process and prejudice. United States v. Proa-Tovar, 975 F.2d 592 (9th Cir. 1992) (en banc). Manzo-Figueroa does not contend that he was prejudiced by the denial of due process and instead urges us to ignore circuit precedent and conclude that a showing of prejudice is not required. Because we may not do so, see Nichols v. McCormick, 929 F.2d 507, 510 n. 5 (9th Cir. 1991), we affirm.

AFFIRMED.