U.S. v. Alegria-Saldana

Dist. Ct. did not err in denying defendant-alien’s motion to dismiss his indictment on charge of illegal reentry after his removal from U.S., even though defendant argued that underlying removal order violated his due process rights. While underlying removal order was based on defendant’s prior conviction for cocaine possession, which U.S. Supreme Ct. subsequently found in another case to not qualify as “aggravated felony” for purposes of defendant’s removal, defendant could not collaterally attack prior removal order where: (1) defendant had failed to exhaust his administrative remedies by appealing or asking his counsel to appeal removal order; (2) defendant had failed to file any habeas petition that challenged removal order prior to his actual removal; and (3) while aggravated felony finding deprived defendant from seeking discretionary relief in removal proceeding, defendant had no due process right to apply for discretionary relief.