United States v. Sacramento Hinojosa-Perez
Court of Appeals for the Ninth Circuit
1Opinion of the Court
TROTT, Circuit Judge:
Sacramento Hinojosa-Perez (“Hinojo-sa”) appeals his felony conviction for reentering the country after deportation, in violation of 8 U.S.C. § 1326. The threshold and dispositive issue in this case is whether Hinojosa’s failure to exhaust administrative remedies available to challenge his underlying order of deportation precludes him pursuant to 8 U.S.C. § 1326(d) from collaterally attacking the order in this case. We have jurisdiction pursuant to 28 U.S.C. § 1294. We hold that his administrative failure is fatal to his challenge, and we affirm the district court.
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