Silva-Huerta

MEMORANDUM **

Alejandro Silva-Huerta (“Silva”) appeals his conviction following a bench trial on one count of illegal reentry following deportation, in violation of 8 U.S.C. § 1326 . He contends that the district court erred in denying his motion to dismiss the indictment because the underlying deportation proceeding violated his due process rights. We have jurisdiction pursuant to 28 U.S.C. § 1291 . ‘We review de novo the district court’s denial of a motion to dismiss a § 1326 indictment, where the motion is based on alleged due process defects in an underlying deportation proceeding.” United States v. Gonzalez, 429 F.3d 1252, 1255 (9th Cir.2005).

We reluctantly agree with the government that Silva is barred from collaterally attacking his 2002 deportation because he failed to exhaust his administrative remedies, as required by 8 U.S.C. § 1326 (d). 1 *673 See 8 U.S.C. § 1326 (d)(1) (stating that an alien may not challenge the validity of the underlying deportation order unless the alien “exhausted any administrative remedies that may have been available to seek relief against the order”); United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1048 (9th Cir.2004). The government…