Marquez-Acosta

MEMORANDUM **

Victor Manuel Marquez-Acosta was convicted of re-entering the United States after a deportation, in violation of 8 U.S.C. § 1326 (a), and sentenced to 46 months in prison, to be followed by three years of supervised release. On appeal, he claims that his earlier deportation, in 1994, was invalid. This deportation was based on Mr. Marquez-Acosta’s commission of a crime of moral turpitude within five years of entry into this country. In fact, he says, his crime was committed more than five years after entry, and he was not given an appropriate opportunity to assert this contention in the deportation proceeding. Accordingly, it is argued, he should be allowed to attack the deportation order collaterally, that order should be set aside as in violation of due process, and his present conviction, which is predicated on the deportation, should be reversed. We hold that the deportation order was not invalid, and accordingly affirm the conviction under review.

After the deportation order was entered in 1994, Mr. Marquez-Acosta filed an appeal to the Board of Immigration Appeals. He later withdrew his own appeal, signing a document that stated in English and Spanish:

In…