UNLAWFUL REENTRY DEFENSE ATTORNEYS
Unlawful Reentry: Understanding and Defending Against 8 U.S.C. § 1326 Charges
Unlawful reentry, under 8 U.S.C. § 1326, is a serious federal criminal offense. It applies to individuals who have been previously deported, removed, or excluded from the United States and subsequently reenter or are found in the country without lawful authorization. If you or a loved one is facing this charge, understanding the law and potential defenses is critical.
What is Unlawful Reentry?
Under 8 U.S.C. § 1326, the prosecution must prove the following elements to secure a conviction:
- Prior Removal or Exclusion: The defendant was previously denied admission, excluded, deported, or removed from the U.S.
- Reentry Without Authorization: The defendant reentered, attempted to reenter, or was found in the U.S. without obtaining explicit permission from the Attorney General or the Secretary of Homeland Security.
Penalties for Unlawful Reentry
The penalties for unlawful reentry vary depending on an individual’s prior criminal history:
- General Cases: Up to 2 years imprisonment.
- Prior Felony Conviction: Up to 10 years imprisonment.
- Prior Aggravated Felony Conviction: Up to 20 years imprisonment.
Fines and other consequences may also apply, as the law is fairly nuanced. For example, if you have previously been convicted of three or more misdemeanors involving drugs or crimes involving a victim, the maximum penalty is 10 years in prison.
Defending Against Unlawful Reentry Charges
Facing a charge under 8 U.S.C. § 1326 can feel overwhelming, but several defense strategies may be available. It is essential to work with an experienced attorney who can assess the specifics of your case and build a strong defense.
1. Challenging the Original Removal Order
Errors in the original deportation or removal proceedings may invalidate the basis for the unlawful reentry charge. These errors could include:
- Violations of due process during the removal hearing.
- Failure to inform the individual of their rights.
- Lack of proper notification of the removal order.
2. Asserting Legal Permission to Reenter
If the defendant obtained permission to reenter the U.S. after their removal—such as through a granted visa, parole, or waiver—this may serve as a valid defense.
3. Insufficient Evidence
The prosecution must prove every element of the charge beyond a reasonable doubt. An experienced attorney may challenge the evidence, including the claim that the defendant reentered or was found in the U.S. unlawfully.
4. Humanitarian or Public Interest Factors
While not a formal defense, presenting humanitarian factors—such as family ties, long-term residence, or contributions to the community—can sometimes influence prosecutorial discretion or sentencing.
Why You Need an Experienced Attorney
The stakes in unlawful reentry cases are high, with severe penalties and life-altering consequences. A knowledgeable defense attorney can:
- Analyze the government’s case for weaknesses.
- Identify procedural or constitutional violations.
- Negotiate with prosecutors for reduced charges or alternative resolutions.
- Advocate aggressively in court for the best possible outcome.
Choose Simons Law Office to Protect Your Rights
If you’re facing a charge under 8 U.S.C. § 1326, you need an attorney who understands the complexities of immigration and criminal law. The defense attorneys at Simons Law Office have extensive experience defending clients against unlawful reentry charges and navigating the intersection of immigration and federal criminal law.
At Simons Law Office, we are committed to:
- Crafting personalized defense strategies tailored to your case.
- Protecting your rights at every stage of the legal process.
- Fighting for the best possible outcome, whether through dismissal, reduced charges, or alternative sentencing.
Contact Simons Law Office at (781)797-0555 today to schedule a consultation and start building your defense.
Facing an unlawful reentry charge is daunting, but with the right legal team on your side, you can navigate this challenge and work toward the best possible resolution.
References:
https://www.ussc.gov/research/quick-facts/illegal-reentry
https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility
