Borbon

MEMORANDUM **

Manuel Federico Martinie Borbon appeals his conviction and sentence for attempted entry after deportation in violation of 8 U.S.C. § 1326 and misuse of entry documents in violation of § 1546(a). First, Borbon contends that the district court erred in failing to dismiss the illegal entry charge because it was based on a prior removal order entered in violation of his right to due process. Second, Borbon argues that the district court erred in excluding evidence of his post-arrest statements. Third, Borbon challenges his sentence as procedurally unreasonable. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Our circuit reviews de novo a claim that a defect in a prior removal proceeding precludes reliance on the final removal order in a subsequent § 1326 proceeding. United States v. Ramos, 623 F.3d 672, 679 (9th Cir.2010). To successfully bring a collateral attack against a prior removal order, an alien must demonstrate that: “(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order; (2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for…