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U.S. v. HINOJOSA-PEREZ

No. 98-30304.

206 F.3d 832 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Sacramento HINOJOSA-PEREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2000

Attorney(s) appearing for the Case

Michael S. Taggart, Assistant Federal Defender, Anchorage, Alaska, for the defendant-appellant.

William C. Brown, United States Department of Justice, Washington, D.C., for the plaintiff-appellee.

Before: REAVLEY, BOOCHEVER, and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Sacramento Hinojosa-Perez ("Hinojosa") 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...

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