United States v. Razmik Levon Dekermenjian

Dekermenjian, an alien, was convicted of having illegally reentered the United States after having previously been deported. 8 U.S.C. § 1326 .

Urging reversal Dekermenjian advances four arguments. The most significant pertains to his claim that his original deportation Order was invalid, thus raising the issue as to whether such an Order can be attacked collaterally in the defense of a charge of having violated 8 U.S.C. § 1326 . The Supreme Court has expressly reserved a resolution of this issue. See United States v. Spector, 343 U.S. 169 , 72 S.Ct. 591 , 96 L.Ed. 863 , reh. denied 343 U.S. 951 , 72 S.Ct. 1040 , 96 L.Ed. 1353 (1952). Decisions of certain Courts of Appeals are in conflict. The Fifth and Tenth Circuits have held that an alien may not, in a criminal action such as here, attack the validity of a prior deportation Order that is regular on its face. United States v. GonzalezParra, 438 F.2d 694 (5th Cir.), cert. denied 402 U.S. 1010 , 91 S.Ct. 2196 , 29 L.Ed.2d 433 (1971); Arriaga-Ramirez v. United States, 325 F.2d 857 (10th Cir. 1963). The Courts of Appeals for the Third and Seventh Circuits disagree, reading the word “deported” in 8 U.S.C. § 1326 as meaning…