MEMORANDUM *

Nicasio Roman appeals his conviction and sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326. He challenges the district court’s denial of his motion to dismiss his indictment based on alleged due process violations in his underlying removal proceeding. We have jurisdiction under 28 U.S.C. § 1291, and we review de novo. See United States v. Valdavinos-Torres, 704 F.3d 679, 685 (9th Cir. 2012). We affirm.

*895 An alien mounting a collateral attack on the underlying removal order “must, as a threshold matter, show that he exhausted his administrative remedies.” United States v. Valdavinos-Torres, 704 F.3d 679, 685 (9th Cir. 2012) (quoting United States v. Villavicencio-Burruel, 608 F.3d 556, 559 (9th Cir. 2010)); see also 8 U.S.C. § 1326(d)(1). Here, the record reflects that Roman appealed the underlying removal order to the Board of Immigration Appeals, but later dismissed his appeal. Thus, Roman failed to exhaust his administrative remedies.

AFFIRMED.