Under Mendoza-Lopez, does a defendant satisfy § 1326(d)(1) (requiring only the exhaustion of "available" administrative remedies) and § 1326(d)(2) (requiring a deprivation of the opportunity for judicial review) when the defendant's waiver of their right to appeal their removal proceeding was not considered and intelligent?

Whether a defendant satisfies 8 U.S.C. § 1326(d)(1)-(2) when their removal order appeal waiver was not considered and intelligent