United States Second Circuit

A collateral challenge to a deportation order fails as a matter of law, where defendant failed to 1) exhaust his administrative remedies under of 8 U.S.C. section 1326, and 2) show that the proceedings improperly deprived him of opportunity for judicial review.

Appellate Information

• Decided 08/20/2002
• Published 08/20/2002

Judges

• B.D. PARKER, JR., Circuit Judge., Before:  McLAUGHLIN, CALABRESI, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Neil M. Barofsky, Assistant United States Attorney (Meir Feder, of counsel, for Mary Jo White, United States Attorney for the Southern District of New York), New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Philip L. Weinstein, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, for Defendant-Appellee.