U.S. v. Zambrano-Reyes

Dist. Ct. did not err in denying defendant’s motion to withdraw his guilty plea on charge of illegal reentry to U.S. after having been removed, even though defendant argued that he could withdraw guilty plea because he met criteria for seeking collateral attack on underlying removal order that provided predicate for instant charge of illegal reentry to U.S. Underlying 2000 removal order was based on defendant’s 1993 guilty plea on charge of aggravated sexual abuse of minor that (as it turns out) rendered defendant eligible to seek section 212(c) waiver of his deportation, and defendant failed to show (as required by Judalong, 132 S.Ct. 476) that prior deportation proceedings deprived him of opportunity for judicial review in order to challenge at that time his alleged inability to seek section 212(c) relief.