Collateral Attack on Prior Deport Order Not Allowed

U.S. v. Chavez-Alonso, -- F.3d --, 2005 WL 3367056 (10th Cir. 12/12/05) - Defendant moved to dismiss his indictment for illegal reentry after deportation subsequent to an aggravated felony conviction on the ground that his deportation was fundamentally unfair because he was not informed of eligibility for relief from deportation. District court denied motion and defendant entered conditional plea. COA holds defendant's waiver of right to appeal the deportation order constitutes a failure to exhaust administrative remedies and he therefore could not collaterally attack the deportation order.