United States v. Duncan, ___ F.Supp.3d ___, 2005 U.S. Dist. LEXIS 24292 (D.Conn. October 17, 2005) (court granted defendant's motion to dismiss illegal reentry indictment on grounds immigration court's entry of removal order without substantive review of claim of derivative citizenship violated due process: "Due process requires that 'where the defects in an administrative proceeding foreclose judicial review of that proceeding, an alternative means of obtaining judicial review must be made available before the administrative order may be used to establish conclusively an element of a criminal offense.' Mendoza-Lopez, 481 U.S. at 838. While not expressing any ultimate opinion on the merits of Duncan's claim, the Court finds that he is entitled to further and more complete review of that claim before his removal may be used against him in an indictment under 8 U.S.C. 1326.").