Can an expedited removal order be used to convict an alien criminal defendant of illegal reentry?

Under 8 U.S.C. 1326, it is unlawful for an alien to illegally reenter the United States after his expulsion from the country under an order of exclusion, deportation, or removal. The government bears the burden of proving that the defendant previously left the country under such a valid order as an element of the crime. See United States v. Barajas-Alvarado, 655 F.3d 1077, 1079 (9th Cir. 2011) ("To convict an alien criminal defendant of illegal reentry under 8 U.S.C. 1326, the government must prove that the alien left the United States under order of exclusion, deportation, or removal, and then illegally reentered."). Section 1326

explicitly provides that expedited removal orders, ^[1] such as the one at issue here, can satisfy the required element of a valid order of removal supporting a prosecution for illegal reentry. 8 U.S.C. 1326(b)(3).