United States v. Salvatore Petrella

ZAMPANO, District Judge:

The sole issue raised on this appeal is whether a defendant, indicted under 8 U.S.C. § 1326 for unlawful reentry into this country after deportation, may challenge the validity of the original order of deportation as a defense to the prosecution. We conclude that the underlying deportation is not subject to collateral attack in a § 1326 criminal proceeding and we therefore affirm appellant’s conviction.

I

Appellant, Salvatore Petrella, was admitted to the United States in 1978 as a visitor to inspect and study a training program for machine tool operators in Billerica,…