What is the test for a motion to dismiss an indictment under section 1326(d) of the Immigration Reform Act?

Rodriguez moves to dismiss the indictment due to alleged due process defects in the underlying 2007 deportation proceedings. Under 1326(d), a defendant charged with illegal entry may seek dismissal of the charge by collaterally attacking the prior removal order, which is a prerequisite to establish the crime of illegal entry. See United States v. Mendoza-Lopez, 481 U.S. 828, 837-39 (1987). A defendant moving to dismiss an indictment under 1326(d) bears the burden of proving:

8 U.S.C. 1326(d); United States v. Ramos, 623 F.3d 672, 680 (9th Cir. 2010). To prevail on a motion to dismiss an indictment on the basis of an alleged due process defect in an underlying deportation proceeding, a defendant must not

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