Carbajal-Cruz

MEMORANDUM *

Appellant Jose Luis Carbajal-Cruz was charged with one count of being found in the United States after having been deported, in violation of 8 U.S.C. § 1326 . He had been deported twice, in 1995 and in 1996. Carbajal-Cruz moved to dismiss the indictment on the ground that neither of his deportations was valid. The motion was denied; he then pled guilty and was sentenced to thirty-seven months in prison. Carbajal-Cruz’s guilty plea was conditional, reserving his right to appeal the denial of his motion to dismiss. He contends on appeal that the district court *521 should have permitted him to challenge the validity of his deportations.

In order to be convicted under 8 U.S.C. § 1326 , an alien must have been validly deported in the past. Appellant seeks to attack collaterally his two prior deportations as having violated his due process rights. Under 8 U.S.C. § 1326 (d), an attack on a prior deportation is possible only if “(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order; (2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review;…