Orea-Rodriguez

MEMORANDUM *

Jose Martin Orea-Rodriguez appeals his conviction under 8 U.S.C. § 1326 for illegal re-entry into the United States following deportation. 1 He contends that the district court erred in denying his motion to dismiss the indictment. Orea-Rodriguez was previously removed from the United States on the basis of a conviction under Nevada Revised Statute § 453.3385. The district court, as did the immigration judge (“LJ”) presiding over Orea-Rodriguez’s *691 prior removal proceedings, concluded that Orea-Rodriguez’s prior conviction under Nevada Revised Statute § 453.3385 was a drug trafficking offense under 8 U.S.C. § 1101 (a)(43)(B). We affirm.

Orea-Rodriguez has a Fifth Amendment right to collaterally attack his removal order because the removal order serves as a predicate element of his conviction under 8 U.S.C. § 1326 . See United States v. Mendoza-Lopez, 481 U.S. 828, 837-38 , 107 S.Ct. 2148 , 95 L.Ed.2d 772 (1987). He contends that his conviction under Nevada Revised Statute § 453.3385 was not a drug trafficking offense within the meaning of 8 U.S.C. § 1101 (a)(43)(B), and that the IJ’s contrary conclusion rendered his underlying removal fundamentally unfair. 2 See…