Alien who waived administrative appeal of deportation order may not collaterally attack that order in prosecution for illegal reentry
IMMIGRATION United States v. Chavez-Alonso, No. 05-3093, ___ F.3d ___ (10th Cir. Dec. 12, 2005)(Kansas). Appeal of conviction for illegal reentry to United States after prior deportation and prior conviction for aggravated felony in violation of 8 U.S.C. § 1326. HELD: By knowingly waiving right to appeal immigration judge’s deportation order to Board of Immigration Appeals, alien failed to exhaust administrative remedies and therefore cannot collaterally attack underlying deportation order that served as basis for prosecution for illegal reentry after prior deportation. Read the opinion here. |
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