Denver Deportation Lawyer
Illegal reentry is the reentry into the United States after being deported, removed, excluded or denied admission without going through the proper channels for admission into the United States. Someone who has illegally reentered this country and has been arrested and charged in federal court faces some extremely severe penalties; such as, lengthy prison sentences and another deportation after service of any sentence. You must have an attorney who is experienced in federal court handling this type of offense. Criminal defense attorney David Owen has 21 years experience representing individuals charged with Illegal Reentry and is prepared to fight for your rights and interests.
Federal Reentry of Removed Aliens
Title 8 U.S.C. sec. 1326
Class E felony
Possible sentence: Not more than 2 years in prison with a mandatory supervised release term of 1 year following release.
Any alien can be charged with Reentry of Removed Alien who: Having been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter;
1) enters, attempts to enter, or is at any time found in, the United States, unless:
a) prior to his/her embarkation at a place outside the United States or his/her application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien's reapplying for admission; or,
b) with respect to an alien previously denied admission and removed, unless such alien shall establish that he/she was not required to obtain such advance consent under this chapter or any prior Act.
Enhanced Penalties for Certain Removed Aliens
An alien who reenters the United States whose removal was subsequent to a conviction for three or more misdemeanors involving drugs, crimes against a person, or both, or a single felony: NOT MORE THAN 10 YEARS in prison followed by a mandatory 3 year term of supervised release and further deportation.
An alien who reenters the United States whose removal was subsequent to a conviction for an aggravated felony: NOT MORE THAN 20 YEARS in prison followed by a mandatory 3 year term of supervised release and further deportation.
NOTE: The list of offenses defined as aggravated felonies is too long to include here. However, it can be found at Title 8 U.S.C. sec. 1101(43).
