Task: Wrong Candidate Generation
Input (English): the Government submitted a New York state court document entitled “Sentence and Commitment,” which reflects that De Leon Morillo received a sentence of two to six years for his convictions for the criminal sale of a controlled substance in the third degree. The Government also submitted De Leon Morillo’s Pre-Sentence Investigation report which reflects his convictions. These documents fall squarely within subsection (vi) of Section 1229a(c)(3)(B). In addition, De Leon Morillo admitted he was convicted of the criminal sale of a controlled substance in the third degree at his hearing before the Immigration Judge. Although De Leon Morillo claims his plea was unknowing, a challenge to his conviction is not properly before the Court. See Drakes v. INS, 330 F.3d 600, 605 (3d Cir.2003) (<HOLDING>). Accordingly, we will deny the petition for 
 Holding statements: (A) holding that a defendant cannot collaterally attack a prior state conviction during a federal sentencing proceeding in a different case (B) holding that due to statute defendant cannot collaterally attack prior convictions used to enhance sentence unless in violation of the right to counsel (C) holding that a habeas petitioner cannot collaterally attack the conviction serving as a predicate for a removal order (D) holding that petitioner could not collaterally attack his state court conviction on a petition for review of an agency decision (E) holding that a habeas petitioner must be in custody under the conviction or sentence under attack at the time his petition is filed
Output (English): holding that a habeas petitioner must be in custody under the conviction or sentence under attack at the time his petition is filed