Must a defendant show actual prejudice to collaterally attack a removal order?

QUESTIONS PRESENTED A defendant charged with illegally reentering the United States after deportation or removal has a right under United States v. Mendoza-Lopez, 481 U.S. 828 (1987), and 8 U.S.C. § 1326(d) to collaterally attack his removal order. In light of this right, two questions are presented for review: Must a defendant show actual prejudice in order to prevail when collaterally attacking his removal order? If a defendant must show actual prejudice in order to prevail, is that prejudice evaluated under the discretionary factors used by immigration officers in removal proceedings where, as in this case, the government withheld and denied the existence of the Customs and Border Protection policy governing that relief? -i