Does a defendant have a right to collaterally attack a removal order?

A defendant in a 8 U.S.C. 1326 prosecution has a Fifth Amendment right to collaterally attack a removal order because the removal order serves as a predicate element of his conviction. United States v. UbaldoFigueroa, 364 F.3d 1042, 1047 (9th Cir.2004). To succeed in a collateral challenge to a removal order, a defendant must demonstrate: (1) that he exhausted all administrative remedies available to him to appeal his removal order, (2) that the underlying removal proceedings at which the order was issued improperly deprived him of the opportunity for judicial review, and (3) that the entry of the order was fundamentally unfair. Id. An underlying removal order is fundamentally unfair when: (1) the defendant's due process rights were violated by defects in his underlying deportation proceeding, and (2) he suffered prejudice

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as a result of the defects. Id.; United States v. Arrieta, 224 F.3d 1076, 1079 (9th Cir.2000).