LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION ORDER.

SEC. 441. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION ORDER. (a) In General.— Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended by adding at the end the following new subsection: “(d) In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that— “(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order; “(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and “(3) the entry of the order was fundamentally unfair.”. (b) Effective Date.— The amendment made by subsection (a) shall apply to criminal proceedings initiated after the date of enactment of this Act.