Illegal Re Entry After Deportation Lawyer in Arlington, Virginia
Illegal re-entry after deportation is a federal felony under 8 U.S.C. § 1326, prosecuted by the U.S. Attorney’s Office for the Eastern District of Virginia. A conviction can result in up to 20 years in prison and permanent bars to future immigration relief. As an illegal re entry after deportation lawyer Arlington Virginia, Law Offices Of SRIS, P.C.
Federal Law on Illegal Re-Entry
Illegal re-entry after deportation is codified in federal law at 8 U.S.C. § 1326. This statute 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 law is enforced by federal agencies like ICE and prosecuted in U.S. District Courts.
Last verified: April 2026 | U.S. District Court for the Eastern District of Virginia | Federal legislature URL
Official Legal Resources
For the official text of the federal statute, see 8 U.S.C. § 1326 (Cornell Legal Information Institute). For local federal court procedures, visit the U.S. District Court for the Eastern District of Virginia website.
Defense Strategy in Arlington Federal Court
Defending against an illegal re-entry charge requires a detailed understanding of both federal criminal procedure and the underlying deportation order. The U.S. Attorney’s Office in Alexandria handles these cases for Arlington. A key defense is to challenge the validity of the prior removal order itself. If the original deportation proceedings were fundamentally unfair or violated your due process rights, the current charge may be dismissed.
- Initial Arrest & Detention: You will be arrested by ICE or CBP and likely held without bond pending your initial appearance in federal court.
- Initial Appearance & Arraignment: You will appear before a U.S. Magistrate Judge, be informed of the charges, and enter a plea.
- Pre-Trial Motions: Your removal proceedings lawyer will file motions, potentially challenging the prior deportation order or seeking evidence suppression.
- Plea Negotiations or Trial: The majority of cases are resolved through plea agreements. 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 the nature of the prior deportation.
- Immigration Consequences: A conviction triggers a new removal order and permanent bars to most forms of relief.
Potential Penalties for Illegal Re-Entry
In Arlington, a conviction for illegal re-entry under 8 U.S.C. § 1326 carries a maximum of 2 years in federal prison, but penalties escalate sharply with certain prior records.
| Prior Deportation Basis | Maximum Prison Term | Fine | Subsequent Removal |
|---|---|---|---|
| General (No Aggravating Factors) | Up to 2 years | Up to $250,000 | Mandatory |
| Following a Misdemeanor Conviction | Up to 10 years | Up to $250,000 | Mandatory |
| Following an Aggravated Felony Conviction | Up to 20 years | Up to $250,000 | Mandatory |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience in Federal Immigration Court
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and more than 4,739 case results firm-wide, our team understands the high stakes of federal immigration charges. Our approach combines rigorous defense in U.S. District Court with a strategic understanding of the intersecting immigration court lawyer processes that follow a criminal case.
Seeking Deportation Help in Arlington
Facing a federal illegal re-entry charge is an urgent matter. The firm has documented success in defending against complex federal charges. Our secondary attorney on federal matters, Matthew Greene, brings over 30 years of experience, including former death penalty certification and a 14-year contract with Child Protective Services in Alexandria, providing deep insight into high-stakes litigation.
Results may vary. Prior results do not aim for a similar outcome.
Arlington Federal Criminal Defense Lawyer Near You
Law Offices Of SRIS, P.C.
Arlington Location — 1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only.
Our Arlington location serves clients facing charges in the U.S. District Court for the Eastern District of Virginia. We provide an illegal re entry after deportation lawyer Arlington Virginia for individuals in Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. We offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only.
FAQs: Illegal Re-Entry Defense
What is the penalty for illegal re-entry after deportation?
It depends. The base maximum is 2 years in prison. Penalties escalate to 10 years if deported after a misdemeanor conviction, and up to 20 years if deported after an aggravated felony conviction, plus fines up to $250,000.
Can I fight an illegal re-entry charge?
Yes. Common defenses include challenging the legality of the original deportation order, proving you had permission to re-enter, or showing you are not the person named in the prior order. A skilled deportation defense attorney can evaluate your options.
Will I be deported again if convicted?
Yes. A conviction for illegal re-entry under 8 U.S.C. § 1326 triggers a new removal order. also, it imposes permanent bars to most forms of future immigration relief, making legal re-entry virtually impossible.
What is the difference between criminal court and immigration court for this charge?
You face two separate proceedings. First, a federal criminal case in U.S. District Court handled by a criminal defense lawyer. Second, after any criminal sentence, removal proceedings in Immigration Court handled by an immigration court lawyer. Both require specialized legal help.
How quickly should I contact a lawyer?
Immediately. Early intervention is critical. Contacting a lawyer as soon as possible after arrest allows for investigation, potential bond arguments, and challenging the government’s case before formal indictment.
Related Legal Help in Arlington
If you are facing federal charges, you may need to consult other legal areas. Our firm also assists with federal criminal defense in Arlington County. For state-level matters, see our Arlington County criminal defense lawyer page. For all Virginia federal defense resources, visit our Virginia federal criminal lawyer hub.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.