Ramirez-Lopez

MEMORANDUM *

Juan Ramon Ramirez-Lopez appeals the district court’s denial of his motion to dismiss his 8 U.S.C. § 1326 indictment. We have jurisdiction over this case pursuant to 28 U.S.C. § 1291 , and we affirm.

An alien can collaterally attack an underlying deportation order only if he can demonstrate that he can meet all of the requirements of 8 U.S.C. § 1326 (d), including that he “exhausted any administrative remedies that may have been available to seek relief against the order.” 8 U.S.C. § 1326 (d)(1). Ramirez concedes that he did not file a timely appeal from the immigration judge’s (“IJ”) order and that he therefore failed to exhaust an available administrative remedy.

Ramirez sets forth three arguments as to why this failure to exhaust should be excused: (1) the failure to file an appeal was due to ineffective assistance of counsel, (2) the IJ incorrectly stated that Ramirez was not eligible for a grant of voluntary departure and the waiver of his right to appeal was therefore not considered and intelligent, and (3) his appeal would have been futile. Ramirez’s first and third arguments are waived because they were not raised to the district court. See United States v.…