U.S. v. Mendez-Morales, No. 03-3477 (8th Cir.) (384 F.3d 927) (October 6, 2004) (Judge James B. Loken)
In U.S. v. Mendoza-Lopez, 481 U.S. 828, 834 (1987), the Supreme Court concluded that due process requires that a "collateral challenge to the use of a deportation proceeding as an element of a criminal offense must be permitted" when the underlying proceeding is "fundamentally unfair" and when "the deportation proceeding ...
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