United States Ninth Circuit

The district court properly denied defendant's motion to dismiss an indictment charging illegal reentry after a prior deportation, without addressing the merits of the defendant's argument that the alleged prior deportation proceeding was fundamentally unfair, where: 1) defendant failed to show that an error or obstacle related to his deportation proceedings improperly deprived him of the opportunity for judicial review, as required for a collateral attack on the deportation order under 8 U.S.C. section 1326(d); and therefore, 2) defendant's collateral attack on the underlying deportation order cannot be sustained.

Appellate Information

• Decided 07/26/2013
• Published 07/26/2013

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel