193251P.pdf   08/14/2020  United States  v.  Antonio Escobar
   U.S. Court of Appeals Case No:  19-3251
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Benton, Author, with Colloton and Wollman, Circuit Judges] 
   Criminal case - Criminal law. In this prosecution for illegal reentry, the 
   district court did not err in denying defendant's motion to dismis which 
   was based on an argument that his 1996 deportation order was invalid; an 
   alien charged with illegal reentry may not collaterally attack the 
   underlying deportation order unless: (1) the alien exhausted his 
   administrative remedies with respect to the order; (2) the deportation 
   proceedings improperly deprived the alien of an opportunity for judicial 
   review; and (3) entry of the order was fundamentally unfair; here, 
   defendant has not met his burden of proof on any of the three elements; 
   even if defendant could attack the order, his Pereria arguments have been 
   rejected by this Circuit.