How have the courts dealt with a motion to dismiss a removal order brought by a defendant who mistakenly concluded that a Section 11379.6 assault was an aggravated felony?

Defendant contends he is relieved of the burden of proving prejudice, if he can show that his removal order was based upon an erroneous conclusion that his 11379.6 conviction qualified as an aggravated felony. Def.'s Mot. to Dismiss, at 3 (citing United States v. Aguilera-Rios, 769 F.3d 626, 637 (9th Cir. 2014) and Noriega v. Ashcroft, 335 F.3d 874, 884 (9th Cir. 2003)). Defendant argues, "where a person is not legally removable on the grounds alleged by immigration, the entry of the illegal order is, in itself, a due process violation and prejudice." Id. Defendant is partly correct.