Can a deportation proceeding be reviewed in a subsequent criminal proceeding?

The threshold issue we must decide is whether Barraza may collaterally attack his 1973 deportation proceeding. Despite the apparent statutory preclusion of such review by 8 U.S.C. 1105a(c), ² our circuit has decided that in prosecutions under section 1326, the lawfulness of the underlying deportation is a material element of the offense and thus may be attacked collaterally in the subsequent criminal proceeding. United States v. Gasca-Kraft, 522 F.2d 149, 152-53 (9th Cir. 1975). We consider ourselves bound by this decision, and under it the collateral attack must be allowed.