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What Happens if I Am Charged With Illegal Reentry After Being Deported?

Posted on September 15, 2015 in

Getting caught for a crime in America can be frightening, particularly if you are not familiar with the state and federal laws that will decide your fate. If you have been deported, denied admission to the country, or forcibly removed for any reason and you attempt to reenter the US without proper authorization, you could face fines and imprisonment.

What Consequences Do You Face for Reentry?

Depending on the circumstances surrounding your previous deportation and detainment after reentry, you may face a number of consequences. In some cases, you may be removed once again. In other cases, fines and two years in prison are the minimum consequences for illegal reentry. If you have been charged with three or more drug misdemeanors, a felony, or crimes against other people, you could spend up to 10 years in prison. After an aggravated felony, if you reenter the country, you could spend 20 years in prison.

Click here to view our study:  The Real Cost of Prison

What if My Previous Order for Removal Is Reinstated?

Going through removal proceedings may be one of the best outcomes you could face after an illegal reentry. Through the process of the removal proceedings, you may qualify for relief efforts and discover a way to stay in the country legally. The circumstances of your case will largely affect the opportunities that may be available to you at this time.

Do I Have a Right to an Attorney if I Am Charged With Illegal Re-entry?

Even if you are not an American citizen, you have a right to an attorney under our laws. Hiring a private immigration attorney may be the best way for you to fight the charges against you and have them dropped or reduced. Immigration cases are highly complex, particularly with the rate of change in legislation. You may have legal remedies available that you are not aware of.

We never recommend trying to fight an illegal reentry case on your own. As a private immigration and deportation defense firm, our team can help you understand your rights as an illegal immigrant in this country and develop a defense strategy that makes sense for your case.

Can I Dispute a Notice for the Reinstatement of an Order for Removal?

If there are factors that have not been considered in your case, you can dispute the findings of the notice. Doing so may improve your chances of proving your entry into the US was lawful, and help you remain in the US without removal. In some cases, extenuating factors may inform the decision to allow you to remain in the US. An immigration officer may not be able to reinstate an order for removal if you are seeking asylum from a dangerous situation, if you have applied for an adjustment of status as a Haitian refugee or a Central American refugee, or if you are eligible for a green card.

Can My Case Be Reopened After I Have Been Ordered Out of the Country Again?

If you did not appear in court for your hearing, your case may be eligible for reopening. Requesting that the case be reopened will give you an opportunity to present your case to the court and explain your situation. You may also be able to seek additional aid to improve your chances of being allowed to stay by doing so.

Finding an Attorney

Dealing with the legal system in America can be scary for citizens. For immigrants fleeing from a bad situation or those who have been mistakenly targeted by an immigration task force, the process can be arduous and overwhelming. If you have been charged with illegal reentry after being deported from the US, you may want to seek the guidance of an experienced legal defense attorney.

Reach out to the Houston criminal defense lawyers at the Law Offices of David A. Breston for more information.