Illegal Re entry After Deportation Lawyer in Cumberland 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 prison, with enhanced penalties for prior criminal records.
Understanding the Federal Illegal Reentry Statute
The charge of illegal reentry after deportation is defined under federal law, specifically 8 U.S.C. § 1326. This statute makes it a crime for any non-citizen who has been denied admission, excluded, deported, or removed from the United States to enter, attempt to enter, or be found in the U.S. without the express consent of the Attorney General. The law is strictly enforced and carries severe consequences.
Last verified: March 2026 | U.S. District Court for the District of New Jersey | Federal statutes are maintained by the U.S. Government Publishing Office.
Founded in 1997 by former prosecutor Mr. Sris, our firm handles complex federal defenses. An illegal re entry after deportation lawyer Cumberland County must handle the intersection of criminal law and immigration consequences, a task our attorneys are prepared for.
Official Legal Resources
For the official text of the federal illegal reentry statute, see 8 U.S.C. § 1326 (U.S. Government Publishing Office). For information on the federal court handling these cases in New Jersey, visit the U.S. District Court for the District of New Jersey website.
Defense Strategy for an Unlawful Return Charge in Cumberland County
Defending against an unlawful return charge requires a detailed, case-specific approach. The prosecution must prove several elements beyond a reasonable doubt, including your alienage, a prior removal order, and that you reentered without authorization. An unlawful return charge lawyer Cumberland County from our firm will scrutinize each element.
- Initial Case Review: We obtain all discovery, including the Notice to Appear (NTA), removal order, and biometric records to verify the government’s evidence.
- Challenge Underlying Removal: A key defense is attacking the validity of the original deportation. If your due process rights were violated, the charge may be dismissed.
- Negotiate with Prosecutors: We engage with the U.S. Attorney’s Office to explore plea agreements that may reduce exposure or seek alternatives to incarceration.
- Prepare for Trial: If a favorable plea cannot be reached, we prepare a vigorous trial defense, challenging the evidence and witness testimony.
- Sentencing Mitigation: If convicted, we present compelling mitigation evidence to argue for the most lenient sentence possible under the U.S. Sentencing Guidelines.
Potential Penalties for Illegal Reentry
In federal court, an illegal reentry conviction under 8 U.S.C. § 1326 carries a base penalty of up to 2 years in prison, but penalties escalate sharply with certain prior records.
| Offense Circumstance | Maximum Prison Term | Additional Consequences |
|---|---|---|
| Simple Reentry (No Aggravating Factors) | Up to 2 years | New deportation order, possible detention during proceedings. |
| Reentry after a prior conviction for an aggravated felony | Up to 20 years | Mandatory detention, no eligibility for certain relief, severe immigration bars. |
| Reentry after removal following a conviction for certain non-aggravated crimes | Up to 10 years | Lengthy detention, complex immigration consequences. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Federal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our lead attorney, Mr. Sris, is a former prosecutor with a background that provides an advantage in dissecting complex government cases. We understand the high stakes of federal charges and the significant immigration consequences that follow. We approach each case with the diligence it demands.
Case Results and Client Advocacy
While every case is unique, our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. We have successfully defended clients facing serious federal allegations by challenging evidence and negotiating favorable resolutions.
Results may vary. Prior results do not aim for a similar outcome.
Local Federal Defense for Cumberland County Residents
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) 651-9900
By appointment only.
Our New Jersey location serves clients throughout Cumberland County, including Bridgeton, Vineland, and Millville. While federal cases are heard in Camden or Newark, we represent clients from investigation through sentencing. We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Frequently Asked Questions: Illegal Reentry Defense
What is the difference between illegal entry and illegal reentry?
Yes, there is a key difference. Illegal entry (8 U.S.C. § 1325) is a misdemeanor for entering the U.S. at an improper time or place. Illegal reentry (8 U.S.C. § 1326) is a felony for entering after having been formally deported or removed. The penalties for reentry are significantly more severe.
Can I fight an illegal reentry charge if my original deportation was unfair?
It depends. A valid defense under 8 U.S.C. § 1326(d) requires proving: 1) you exhausted all administrative appeals, 2) the deportation proceeding improperly denied you judicial review, and 3) the entry of the deportation order was fundamentally unfair. An experienced lawyer must review your specific case to determine if this applies.
Will I be deported again if convicted of illegal reentry?
Yes. A conviction for illegal reentry almost certainly results in a new deportation order. also, it creates permanent, often insurmountable, bars to ever legally returning to the United States in the future, making a strong defense critically important.
What should I do if I am arrested for unlawful return?
Do not speak to immigration or law enforcement officials about your case without an attorney. Politely state you wish to remain silent and request a lawyer. Contact a federal defense attorney immediately. Any statements you make can be used against you in both criminal and immigration proceedings.
How long does a federal illegal reentry case take?
The timeline varies. A clear case resolved by plea may take several months. If the underlying deportation is challenged or the case goes to trial, it can take a year or more. The Speedy Trial Act sets general deadlines, but complex motions can extend the process.
Related Legal Services in Cumberland County
If you are dealing with other legal matters, our firm can help. We handle Criminal Defense in Cumberland County, DUI charges, and Immigration cases. For a broader view of our federal practice, visit our New Jersey Federal Criminal Defense hub page. We also serve clients in neighboring areas like Atlantic County and Camden County.
Page last verified and updated: 2026-04. The information on this page is for general informational purposes and does not constitute legal advice. Laws change. For current guidance on your specific situation, contact Law Offices Of SRIS, P.C. directly at (888) 437-7747.