The defendants first tried to collaterally attack the underlying designation
under United States v. Mendoza-Lopez,93 in which the Supreme Court held that
deported aliens charged with illegal reentry could collaterally attack the underlying
deportation order when the deportation proceedings violated due process.94
Referring to NCRI, the defendants argued that the designation of the PMOI violated
procedural due process and, therefore, Mendoza-Lopez allowed them to
attack that designation. 95 The district court rejected this argument, reasoning
that on remand the Secretary of State had designated the PMOI as a terrorist
organization "after the due process defects were purportedly cured" and, as a
result, those defects were not prejudicial to the PMOI