United States v. Palomon Sanchez-Lara

MEMORANDUM

Petitioner Palomon Sanchez-Lara (“Sanchez-Lara”) appeals his conviction and sentence pursuant to 8 U.S.C. § 1326 , stemming from his illegal reentry into the United States after two prior deportations. In this appeal, Sanchez-Lara argues that the underlying deportation order violated his due process rights and therefore may not be used to establish a predicate element of the illegal reentry offense. Sanchez-Lara also challenges the 90-month sentence imposed by the district court. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

“We review de novo a district court’s decision to deny a defendant’s collateral attack on a deportation proceeding.” United States v. Garza-Sanchez, 217 F.3d 806, 808 (9th Cir.2000). In order to succeed on a collateral attack, a defendant must establish (1) that he exhausted available administrative remedies, (2) that the deportation proceedings deprived him of the opportunity for judicial review, and (3) that the deportation order was “fundamentally unfair.” 8 U.S.C. § 1326 (d). A defendant need not fulfill the exhaustion requirement when an IJ fails to “inform him that he [is] eligible for relief from…