Chavez-Regalado

MEMORANDUM **

The defendant was charged with being a previously deported alien found in the United States without permission of the Attorney General. See 8 U.S.C. § 1326 . The defendant now appeals the district court’s denial of his motion to dismiss his indictment by collaterally attacking his underlying deportation order. We hold that the defendant was not improperly deprived of the opportunity for judicial review and the entry of his underlying deportation order was not fundamentally unfair. See 8 U.S.C. § 1326 (d)(2)-(3). We affirm the district court.

Despite any Immigration and Naturalization Service (INS) records to the contrary, the defendant was well-aware that he had not received the Notice of Hearing in Spanish and could have moved to reopen his deportation proceedings on this basis. The erroneous record entries did not deny the defendant the ability to litigate the failure of the INS to follow its own procedures or to make a record for appellate review of the issue. Hence, the defendant has not demonstrated that he was deprived of the opportunity for judicial review. Cf. United States v. Pallares-Galan, 359 F.3d 1088, 1096 (9th Cir.2004).

*624 Neither was the entry…