Bucio-Carillo
United States v. Bucio-Carillo
Opinion
Lead Opinion
MEMORANDUM **
Ramon Bucio-Carillo appeals his conviction for illegally reentering the United States following deportation in violation of 8 U.S.C. § 1326 (a) — (b). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, see United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1047 (9th Cir. 2004), and we affirm.
Bucio-Carillo contends that the district court erred by denying his motion to dismiss the indictment because he was denied judicial review of the state conviction that served as the basis for his deportation and therefore the underlying deportation order violated his due process rights. We disagree. The record shows Bucio-Carillo’s state conviction was affirmed on direct appeal. Moreover, an Immigration Judge may not examine the validity of a state conviction, see Avila-Murrieta v. INS, 762 F.2d 733, 736-37 (9th Cir.1985), and Bucio-Carillo may not attack the validity of his prior conviction in the instant case, see 8 U.S.C. § 1326 (d); United States v. Gutierrez-Cervantez, 132 F.3d 460, 462 (9th Cir.1997); Contreras v. Schiltgen, 122 F.3d 30, 33 (9th Cir.1997).
Bucio-Carillo’s contentions regarding the outcomes of his federal habeas petitions challenging…