Illegal Reentry to the United States Law Firm In Tampa Florida
Illegal reentry is a serious matter. The federal government prosecutes individuals with a prior removal order, under 8 USC 1326, if they reenter the United States after being previously removed. This will lead to your prosecution in federal court, and subsequent removal from the United States. The charge for illegally reentering the United States is a felony charge and could lead to a sentence of at least two years and removal from the United States. The statute enhances the sentence depending on prior prosecutions, several criminal convictions, or a conviction for an aggravated felony under INA §101(a)(43).
What Constitutes Illegal Reentry?
Congress, in order to dissuade people from entering the United States after being removed, criminalized illegal reentry to the United States. The government will prosecute the following individuals of illegal reentry:
- Individuals who have been denied reentry to the United States;
- Individuals who have been excluded from the United States;
- Individuals who have been deported from the United States;
- Individuals who have been removed from the United States; or
- Individuals who have departed the United States previously with an outstanding order of exclusion, deportation, or removal.
These individuals would be charged with illegal reentry if they try to return to the United States in an undocumented way or are found in the United States after such reentry.
Why Should You Hire An Immigration Attorney to Defend You?
One of the defenses to this charge if a collateral attack on the underlying prior removal order. In many instances, especially with old removal orders, the immigrant’s rights to due process might have been violated. These violations would be detrimental to defending the charge in federal court. An immigration attorney would be able to find these problems with the underlying removal proceedings.
Another avenue to defending the charge would be to move to reopen the removal proceedings. A Motion to Reopen would be possible if the underlying statute leading to removal has been deemed unconstitutional. For example, an immigrant who has been previously removed for committing a “crime of violence” might be able to argue that the Supreme Court’s ruling in Dimaya changed the definition of such crime and the underlying removal order should be dismissed. Such reopening should lead to the dismissal of the illegal reentry charge.
Hire the American Dream™ Law Office to Defend You in Your Case
Attorney Ahmad Yakzan has represented numerous individuals in removal proceedings and would be more than happy to assist you in your illegal reentry case. Call us today or use the form below to contact us for a consultation.
He made me feel comfortable through my journey on becoming a US citizen.- Roula C.
The USCIS was frustratingly slow but his office was always reassuring that we were on track. He even fixed the issue for us when USCIS dropped the ball on our case.- Stephen S.
I could not have done this without his help. When it comes to relocating to another part of the world, there will always be obstacles to overcome, you will need help.- Michael H.
His expert negotiation skill and diligence to his cause helped save the day- Michael G.
I’m so glad we didn’t try to go through this lengthy and complicate process without them.- Lucia A.
Although initially, due to my previous experiences, I doubted that I would ever have a favorable outcome regarding my status, he was able to give me the validation that I needed and ultimately a successful conclusion, putting this chapter of my life behind- Kelly R.
He represented me and made sure her application was approved.- Former Client
Today we finally got the approval for my husband’s green card- Aya B.
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