Peato

*862 MEMORANDUM *

Appellant Francis T. Peato (“Peato”) appeals his conviction for illegally reentering the United States after having been deported in violation of 8 U.S.C. § 1326 . Peato contends that the district court erred when it denied his collateral attack on the deportation order underlying his conviction based on its finding that he was ineligible for a discretionary waiver of deportation under § 212(c) of the Immigration and Nationality Act (“INA”), as amended by the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 8 U.S.C. § 1182 (c) (1996).

Section 1326(d) permits collateral attack on a deportation order if (1) the alien has exhausted his administrative remedies to seek relief against the deportation order, (2) the deportation proceedings deprived the alien of judicial review, and (3) the order was fundamentally unfair. See 8 U.S.C. § 1326 (d); United States v. Herrera-Blanco, 232 F.3d 715, 718 (9th Cir.2000). However, an alien who has provided a “considered and intelligent” waiver of the right to appeal a deportation order cannot later collaterally attack that order since the waiver results in a failure to exhaust administrative remedies available to the…