Illegal reentry refers to the federal criminal charge under 8 U.S.C. 1326 for a defendant who 1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation , or removal is outstanding and 2) enters, attempts to enter, or is at any time found in the United States.
Illegal reentry indictments have increased in recent years with President Trump’s aggressive immigration policy. Defendants who are charged with Illegal Reentry under 8 U.S.C. 1326 face serious penalties including maximum prison sentences of two, ten, and twenty years depending on the nature of the charge. In addition, a conviction for Illegal Reentry will result in removal from the United States.
If you or someone you know has been charged with illegal reentry into the United States, after having been deported, contact our experienced criminal defense attorney E.J. Hubbs.
Attorney Hubbs is experienced in handling multiple types of immigration issues, including deportation, throughout the Greater Miami Metropolitan area, in areas like Miami Beach, North and South Miami, Kendall, and Homestead, FL.
Call (305) 665-9040 to schedule a free, confidential, consultation with E.J. Hubbs.
What are the Penalties for Illegal Reentry?
What are the Defenses to Illegal Reentry?
Under 8 U.S.C. 1326, the penalties for Illegal Reentry depend on the specific circumstances of the person’s case and prior record. The least serious charge of Illegal Reentry carries a maximum prison sentence of two years.
A defendant whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), is subject to a maximum sentence of 10 years.
A defendant whose removal was subsequent to a conviction for commission of an aggravated felony, is subject to a maximum sentence of 20 years.
A defendant who was excluded from the United States pursuant to section 1225(c) of this title because the alien was excludable under section 1182(a)(3)(B) of this title or who was removed from the United States pursuant to the provisions of subchapter V, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, is subject to a maximum sentence of 10 years.
A defendant who was removed from the United States pursuant to section 1231(a)(4)(B) of this title who thereafter, without the permission of the Attorney General, enters, attempted to enter, or was at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) is subject to a maximum sentence of 10 years.
If you were previously given voluntary departure, then you should have avoided receiving an order of deportation. One of the greatest benefits to receiving voluntary departure is that you will avoid a potential criminal charge of illegal reentry because you will not have an order of deportation on your record in the event you enter the United States illegally in the future. If you do not have a prior order of deportation on your record, then you could have a valid defense to the charge.
The government must always prove that you were the person that committed the crime. Illegal reentry involves the government proving that a defendant 1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding and 2) enters, attempts to enter, or is at any time found in the United States.
Some Defendants have orders of deportation that can be years, or even decades, old. Sometimes there are discrepencies on the the order of deportation such as the spelling of the defendant’s name, there date of birth, there alien registration number, or other identifying information.
If the United States cannot prove that you were the person that had been previously deported from the United States, they may have to dismiss the charge or you could be found not guilty at trial.
Attacking the validity of an underlying order of deportation is one strategy that can be used in preparing a defense to Illegal Reentry. However, to be able to attack the validity of an underlying order, a defendant must establish 1) the alien exhausted any administrative remedies that may have been available to seek relief against the order; 2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and 3)the entry of the order was fundamentally unfair.
If a Defendant can remove the underlying order of deportation based on the reasons above, then they may have a viable defense to the charge of Illegal Reentry.
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If you have a friend or a family member in Florida who is currently in charged with Illegal Reentry in Federal Court in the Southern District of Florida, you should contact Hubbs Law immediately. E.J. Hubbs is experienced in both immigration and criminal law. His unique experience in both areas of the law can assist you in defending your friend or relative against the charge of Illegal Reentry.
E.J. Hubbs represents immigration clients in Miami and throughout Miami-Dade County, including Hialeah, Miami Gardens, Miami Beach, North and South Miami, Kendall, Homestead, and anywhere else in the area.
At Hubbs Law, your first consultation is always free. E.J. Hubbs will discuss all issues related to your case, discuss the availability of possible defenses, and discuss your best legal strategy moving forward. Call today to schedule your consultation at (305) 665-9040 .
The article was last updated on Tuesday, August 29, 2017.