Federal Illegal Reentry Defense Attorney

Most immigrants charged under illegal reentry laws don’t realize that the government must prove their initial removal was lawful—a requirement that creates significant defense opportunities.

Federal prosecutors rely on decades-old removal orders without verifying whether proper procedures were followed, whether you received adequate legal representation, or whether constitutional violations occurred during your original proceedings.

Former prosecutor Mehdi Essmidi knows how these cases are processed from both sides of the courtroom. Your defense may challenge the validity of your original removal by examining whether proper legal procedures were followed. Don’t face these charges alone. Schedule a consultation today.

Federal Illegal Reentry Laws

8 U.S.C. § 1326 – Reentry of Removed Aliens

This law makes it a federal crime for any alien who has been denied admission, excluded, deported, or removed, or who has departed the United States on an order of exclusion, deportation, or removal, to enter or be found in the United States.

8 U.S.C. § 1229a – Immigration Court Proceedings

This section outlines the process for removal proceedings in immigration court. It includes provisions for notice to appear, the right to counsel, and the right to examine evidence against you.

18 U.S.C. § 3553 – Sentencing in Federal Criminal Cases

This law outlines the factors that judges must consider when imposing a sentence in a federal criminal case, including the nature of the offense, the defendant’s background, and the circumstances surrounding the case.

U.S. Sentencing Guidelines §2L1.2 – Unlawfully Entering or Remaining in the United States

These guidelines provide a sentencing range for those found guilty of unlawfully entering or remaining in the United States. The guidelines take into account prior criminal history and whether any aggravating factors are present.

United States v. Mendoza-Lopez, 481 U.S. 828 (1987)

This landmark Supreme Court case established that a defendant in a criminal prosecution for illegal reentry has the right to challenge the validity of a prior deportation order if it was fundamentally unfair and the defendant was deprived of the opportunity for a meaningful judicial review.

Penalties for Illegal Reentry in New York

• If you’re convicted of illegal reentry in New York, the maximum penalty, without any underlying aggravating factors, is two years in prison and a fine, as outlined in 8 U.S.C. §1326.
• However, if you were previously removed due to a conviction for three or more misdemeanors involving illegal drugs, crimes against the person, or both, or a felony (other than an aggravated felony), the maximum prison term increases to 10 years.
• If you were removed after being convicted of an aggravated felony, the maximum prison term is 20 years.

Aggravating Factors

Prior criminal history: A history of criminal convictions can affect your sentence.

Nature of prior removal: If your entry rights have been removed after a conviction for an aggravated felony, your potential sentence could be higher.

Time spent in the U.S.: The length of time you spent in the U.S. unlawfully before being discovered can also impact your sentence.

Common Defenses to Illegal Reentry Charges

No Valid Prior Removal Order

The government must prove that you were previously removed from the U.S. If the removal order was not valid, or if there was no removal order at all, this could be a strong defense to your charges.

Improper Notice or Legal Errors in Deportation

If you were not properly notified of your deportation proceedings, or if there were significant legal errors in the process, these could also serve as defenses. For example, if you were not given the opportunity to apply for relief from removal, or if your due process rights were violated during the proceedings, these could be grounds for challenging the validity of the removal order.

Collateral Attack

Under 8 U.S.C. § 1326(d), a non-citizen charged with illegal reentry may challenge the validity of the original deportation or removal order through what is known as a collateral attack. However, this challenge is only permitted if three specific conditions are met: (a) the individual must have exhausted all administrative remedies that were available to seek relief from the removal order; (b) they must have been effectively deprived of the opportunity for judicial review of that order; and (c) the entry of the removal order must have been fundamentally unfair. All three elements must be proven for the challenge to succeed.

The Federal Court Process for Illegal Reentry Cases

Arrest and Federal Charges

If you’re arrested for illegal reentry, you’ll likely be taken into federal custody, where you are formally charged through a document known as an indictment.

Bond Hearings and Immigration Detainers

After your arrest, a bond hearing will be held to determine whether you can be released from custody while your case is pending. However, even if the judge grants you bond, you may still be held if Immigration and Customs Enforcement (ICE) has imposed a detainer on you.

Discovery, Pretrial Motions, and Plea Negotiations

Once charges are filed, the discovery process starts. The government shares evidence with your defense attorney. Your attorney may file pretrial motions to challenge the government’s case and negotiate a plea deal on your behalf.

Trial, Sentencing, and Appeals

If your case goes to trial and you’re found guilty, a sentencing hearing will follow. If you believe there were errors in your trial or sentencing, you may have the right to appeal.

Contact a NY Federal Illegal Reentry Attorney Today

Facing illegal reentry charges can keep anyone awake at night. The potential consequences of a conviction can impact not only your freedom but also your ability to return to the U.S. in the future.

An experienced criminal defense attorney is key in such cases. Attorney Mehdi Essmidi has represented numerous clients in federal court and is committed to providing aggressive representation every step of the way. Contact The Law Offices of Mehdi Essmidi today for a free consultation.

Frequently Asked Questions

Will I Be Detained During the Entire Case?

Not necessarily. After an arrest, a bond hearing determines whether you can be released from custody while your case is pending. However, even if you’re granted bond, you may still be held if ICE has placed a detainer on you.

What are the consequences of illegal reentry under federal law?

If someone has been deported and later returns to the United States without permission, they may face charges for illegal reentry under federal law. These charges can result in federal prison time, especially if the person has prior convictions for an aggravated felony or three or more misdemeanors. A conviction can also trigger additional removal proceedings and complicate future immigration relief.

How do federal courts in New York handle illegal reentry cases?

Federal criminal charges for illegal reentry are prosecuted in the Southern and Eastern Districts of New York. These federal courts coordinate with Homeland Security and other agencies to prosecute individuals accused of returning after deportation.

Can your criminal defense attorneys help me avoid prison time?

A New York federal illegal reentry attorney can assess possible defenses, negotiate plea agreements, or argue for a reduced sentence. While prison time is common in these cases, a knowledgeable defense attorney can sometimes help get the case dismissed, secure reasonable doubt, or work toward alternatives depending on the facts.

Can I Reenter the U.S. Lawfully in the Future?

A conviction for illegal reentry can reduce your chances of returning to the U.S. in the future, which highlights how important a NY federal illegal reentry attorney can be in fighting these charges.

What Are the Chances of Beating an Illegal Reentry Charge?

Every case is different and depends on the facts of your case, the evidence against you, and the quality of your legal representation.

Are there immigration consequences to federal criminal convictions?

Yes, certain federal criminal charges can involve immigration consequences such as deportation, denial of lawful status, or mandatory detention. Convictions such as domestic violence, drug offenses, or bank fraud may be classified as aggravated felonies or crimes involving moral turpitude under the Immigration and Nationality Act, potentially making someone ineligible for relief in immigration court.

What’s the difference between removal proceedings and deportation?

Removal proceedings are the formal process through which a non-citizen appears in immigration court to contest deportation. Deportation is the final decision made by the court when it orders someone to be removed. Having a qualified immigration law attorney is crucial when criminal issues are involved, as they can affect your right to remain in the U.S.

Can federal criminal defense lawyers represent clients in both immigration and criminal matters?

Our federal criminal defense lawyers in New York have experience in both criminal defense and immigration law. This can make all the difference when federal charges have potential immigration impacts. Former prosecutor Mehdi Essmidi represents clients in both federal courts and advises on how plea offers or convictions may affect deportation risk.

Do criminal defense attorneys offer free consultations?

Our criminal defense attorneys offer a free consultation to discuss your case. Contact us today so we can go over your case and potential alternatives moving forward.