An Immigration Judge must require a noncitizen in removal hearing to state explicitly whether s/he desires representation by counsel. 8 C.F.R. 1240.10(a)(1). Prejudice may consist in the possibility that the noncitizen, with the assistance of counsel, may be able to demonstrate eligibility for relief such as cancellation of removal under 8 U.S.C. 1229b(b)(1). See Baltazar-Alcazar v. INS, 386 F.3d 940, 947-48 (9th Cir. 2004). Failure to do so may invalidate the resulting removal order so as to constitute a defense to illegal reentry after deportation.