Illegal Reentry Defense (§ 1326)
A charge of illegal reentry under 8 U.S.C. § 1326 rests on a prior removal — and that earlier removal order can sometimes be challenged, which may undercut the entire case.
What the government must prove
To convict under § 1326, the government must show you were removed or deported and then were found in the United States without permission to return. The sentence is heavily influenced by what happened before — particularly the nature of any conviction that led to the earlier removal — which is why two people charged with the "same" offense can face very different exposure.
Attacking the underlying removal
Because the charge depends on a prior removal, that removal is not always beyond challenge. If the earlier immigration proceeding violated due process — for example, if you were not properly advised of relief you were eligible for — it may be possible to collaterally attack the removal order, which can be a complete defense. We review the immigration record closely for exactly this.
Sentencing and the immigration consequences
Illegal reentry sentences are driven by the Sentencing Guidelines and prior criminal history, and how old convictions are categorized can dramatically raise or lower the range. Because these cases sit at the intersection of criminal and immigration law, we coordinate the criminal defense with the immigration picture so that one does not quietly sink the other.