Olivar-Verdin

United States v. Olivar-Verdin

Good Law
103 F. App'x 230
United States Court of Appeals for the Ninth CircuitJune 28, 2004No. 03-10378; D.C. No. CR-02-40174-DLJCalifornia402 words

Opinion

Lead Opinion

MEMORANDUM ***

On April 3, 2003, Jose Olivar-Verdin was found guilty of a one-count criminal indictment charging him with illegal reen *231 try following deportation, in violation of 8 U.S.C. § 1326 . He now appeals, alleging that his prior deportation was unlawful and therefore should have been excluded in his criminal proceeding. We affirm.

I.

In order to prevail on this collateral attack of his underlying deportation order, Olivar-Verdin must demonstrate,inter aha, that he was deprived of the opportunity for judicial review. See 8 U.S.C. § 1326 (d). Olivar-Verdin argues that the timing of his deportation, which occurred only eight days after the BIA’s affirmation of the IJ, improperly deprived him of the opportunity to seek review in this court. See 8 U.S.C. § 1252 (b)(1) (providing thirty-day period in which to file a petition for review). However, Olivar-Verdin cites no authority to support his claim that his speedy deportation deprived him of the right to appeal to this court. Indeed, this argument is foreclosed by 8 U.S.C. § 1252 (a)(2)(C), which provides: “[N]o court shall have jurisdiction to review any final order of removal against an alien who is removable by reason…

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