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Date: 10-11-2023
Case Style:
Case Number: 6:23-cr-06168
Judge: Charles J. Siragusa
Court: United States District Court for the Western District of New York (Monroe County)
Plaintiff's Attorney: United States Attorney’s Office in Rochester
Defendant's Attorney:
Description: Rochester, New York criminal defense lawyer represented the Defendant charged with reentry of a deported alien in violation of 8 U.S.C. 1326.
Reentry after deportation of an alien law is a federal crime in the United States. It is also known as illegal reentry. Under 8 U.S.C. § 1326, any alien who has been deported or removed from the United States and reenters or attempts to reenter the country without permission is guilty of a felony.
The penalty for illegal reentry is up to 2 years in prison, or up to 10 years in prison if the alien was previously convicted of certain felonies. If the alien has been deported more than once, the penalty is up to 20 years in prison.
There are a few exceptions to the law prohibiting illegal reentry. For example, an alien may be allowed to reenter the United States if they have been granted permission to do so by the Attorney General or if they are seeking asylum.
An alien who is convicted of illegal reentry will be deported from the United States again. They will also be barred from entering the United States again for at least 5 years, and in some cases, up to 20 years.
Illegal reentry is a serious crime, and it is important to be aware of the law before attempting to reenter the United States if you have been deported. If you are considering reentering the United States, you should consult with an experienced immigration attorney to discuss your legal options.
Here are some examples of illegal reentry:
An alien who has been deported from the United States crosses the border back into the country without permission.
An alien who has been deported from the United States enters the country on a fake visa or passport.
An alien who has been deported from the United States overstays their visa.
If you believe that you have been the victim of illegal reentry, you should contact the authorities.
8:1326A.F REENTRY OF DEPORTED ALIENS
(1)
Outcome: Defendant is sentenced to time served; no fine; $100 special assessment due immediately; and other conditions set forth.
Plaintiff's Experts:
Defendant's Experts:
Comments: