Illegal Re entry After Deportation Lawyer in Burlington County, NJ
Illegal reentry after deportation is a federal felony under 8 U.S.C. § 1326, prosecuted in the U.S. District Court for the District of New Jersey. A conviction can result in up to 20 years in federal prison, with no parole.
Understanding the Federal Illegal Reentry Statute
Illegal reentry after deportation, codified at 8 U.S.C. § 1326, makes it a crime for any non-citizen who has been denied admission, excluded, deported, or removed to enter, attempt to enter, or be found in the United States without the express consent of the Attorney General. The severity of the charge and potential penalties escalate based on an individual’s prior criminal and immigration history.
Last verified: March 2026 | U.S. District Court for the District of New Jersey | Federal statutes are maintained by the Office of the Law Revision Counsel.
Founded in 1997 by former prosecutor Mr. Sris, our firm has built a multi-state practice focused on federal and immigration defense. An illegal re entry after deportation lawyer Burlington County must handle both the U.S. criminal code and immigration regulations, a dual challenge our team is prepared to handle.
Official Legal Resources
For the official text of the federal illegal reentry statute, refer to 8 U.S.C. § 1326 (Cornell Legal Information Institute). For local federal court procedures and rules, visit the U.S. District Court for the District of New Jersey website.
Defense Strategy and Local Federal Court Process
Defending against an unlawful return charge requires a case-specific approach. Common defenses may challenge the validity of the underlying deportation order, arguing it was fundamentally unfair or that the client was not properly advised of their rights. Other strategies may involve negotiating for a favorable plea to a lesser offense or seeking a downward departure at sentencing based on mitigating circumstances.
- Initial Arrest and Detention: After arrest by ICE or other federal agents, you will likely have a detention hearing. A lawyer can argue for release on conditions.
- Grand Jury Indictment: The U.S. Attorney’s Office presents evidence to a grand jury. If indicted, the formal court process begins.
- Pre-Trial Motions and Discovery: Your attorney will file motions to challenge evidence and review all discovery from the prosecution.
- Plea Negotiations or Trial: Most federal cases end in a plea agreement. If no agreement is reached, the case proceeds to a jury trial.
- Sentencing: If convicted, sentencing follows U.S. Sentencing Guidelines, which consider criminal history and other factors.
- Collateral Immigration Consequences: A conviction will trigger new removal proceedings and likely permanent bars to future immigration relief.
Potential Penalties for Illegal Reentry
In Burlington County, an illegal reentry after deportation conviction carries severe federal penalties, including lengthy imprisonment, fines, and a new deportation order.
| Offense (8 U.S.C. § 1326) | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Illegal Reentry (basic) | Federal Felony | Up to 2 years | Up to $250,000 | New deportation order; permanent immigration bar |
| Reentry after certain prior crimes/removals | Aggravated Felony | Up to 10 years | Up to $250,000 | Same as above; significantly harsher sentencing guidelines |
| Reentry after removal following an aggravated felony conviction | Aggravated Felony | Up to 20 years | Up to $250,000 | Same as above; mandatory detention; no eligibility for most relief |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Federal Immigration Defense
Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined attorney experience, our firm-wide record includes 4,739+ documented case results. Our founder, Mr. Sris, is a former prosecutor whose background provides strategic insight into government case preparation. We understand that an illegal reentry charge threatens your liberty and your future in the United States.
Our Approach to Illegal Reentry Cases
Our role as your illegal re entry after deportation lawyer Burlington County begins with a thorough investigation. We scrutinize the legality of the initial stop, arrest, and the underlying removal order. We explore all procedural defenses and work to present mitigating factors to the prosecution and the court. Our goal is to seek a favorable resolution, whether that is a case dismissal, a favorable plea agreement, or a strong defense at trial.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our New Jersey Location
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-3900
By appointment only.
Our New Jersey location serves clients in Burlington County, including Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton. We are accessible via the NJ Turnpike and I-295. Facing an unlawful return charge requires immediate action. Contact us for a 24/7 phone consultation.
Frequently Asked Questions
What is the difference between illegal reentry and unlawful presence?
Yes, there is a major difference. Unlawful presence is a civil immigration violation. Illegal reentry under 8 U.S.C. § 1326 is a federal crime that occurs after a formal deportation or removal order. It involves reentering the U.S. without authorization, which carries criminal penalties including prison time.
Can I fight an illegal reentry charge if my original deportation was unfair?
It depends. A key defense is to challenge the validity of the underlying deportation order. If you can prove the order was fundamentally unfair—for example, you were not advised of your right to a hearing or to seek relief—a skilled illegal re entry after deportation lawyer Burlington County may succeed in having the criminal charge dismissed.
What are the sentencing guidelines for illegal reentry?
Sentencing uses the U.S. Sentencing Guidelines. The base offense level is 8, but it increases based on criminal history and the severity of prior offenses that led to deportation. Aggravating factors can lead to a guideline range of several years in prison. A lawyer can argue for downward adjustments.
Will I go to immigration detention if charged?
Yes, it is very likely. Individuals charged with illegal reentry are typically held in the custody of Immigration and Customs Enforcement (ICE) during the criminal proceedings. An unlawful return charge lawyer Burlington County can request a bond hearing in federal court, though release is not guaranteed.
Can a plea deal prevent future deportation?
No. A conviction for illegal reentry is itself a deportable offense and creates a permanent bar to most future legal immigration status. While a plea may reduce prison time, it does not eliminate immigration consequences. Any plea must be evaluated with these severe long-term effects in mind.
Related Legal Services in Burlington County
If you are dealing with other federal or immigration matters, our firm can help. Explore our related pages: Federal Criminal Lawyer Burlington County, Immigration Lawyer Burlington County, and Criminal Defense Lawyer Burlington County. For a broader view of our federal practice, visit our New Jersey Federal Criminal Lawyer hub page.
Last verified: March 2026. Federal laws and procedures can change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding an illegal reentry charge.
Burlington County cases are handled by our New Jersey illegal re entry after deportation practice, where the whole process is set out.
Your case in Burlington County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Burlington County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Burlington County NJ lawyers directory · Illegal Re Entry after Deportation Lawyer Bergen County, NJ · Illegal Re Entry after Deportation Lawyer Hudson County, NJ · Monmouth County NJ Illegal Re Entry after Deportation Lawyer.