Castillo

MEMORANDUM **

Juan Salvador Castillo (“Castillo”) appeals his conviction under 8 U.S.C. § 1326 for being a deported alien found in the United States improperly, arguing that his underlying deportation was invalid. Because Castillo has not exhausted his administrative remedies pursuant to 8 U.S.C. § 1326 (d)(1) and this Circuit’s interpretation thereof in United States v. Alvarado-Delgado, 98 F.3d 492 (9th Cir.1996), we conclude that he is not entitled to collaterally attack his deportation in court and therefore AFFIRM Castillo’s conviction.

BACKGROUND

Castillo, a citizen of Mexico, was accorded lawful permanent resident status in 1986. In 1995, he pled guilty to assault with a deadly weapon and was sentenced to three years imprisonment. Because his three-year sentence did not render his offense an “aggravated felony” under then-existing federal immigration law, Castillo was not deportable at the time of his plea. 8 U.S.C. § 1101 (a)(43)(F) (1995). Nevertheless, in his plea agreement, Castillo acknowledged that his plea could result in deportation.

In April 1996, Congress enacted the An-titerrorism and Effective Death Penalty Act (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1214…