United States v. Daniel Proa-Tovar

GOODWIN, Circuit Judge:

Daniel Proa-Tovar appeals his felony conviction for being a deported alien in the United States, in violation of 8 U.S.C. § 1326 (1988). Relying on United States v. Mendoza-Lopez, 481 U.S. 828, 107 S.Ct. 2148, 95 L.Ed.2d 772 (1987), Proa-Tovar collaterally challenges the deportation order upon which his section 1326 violation is predicated. He argues that his February 1989 deportation could not be the basis of his November 1989 criminal offense because the immigration judge had denied him direct judicial review of the underlying deportation.

In December 1988, Proa-Tovar…