Illegal Re entry After Deportation Lawyer Bergen County — What Are Your Defense Options?
An illegal reentry after deportation charge under 8 U.S.C. § 1326 is a serious federal felony prosecuted in the U.S. District Court for the District of New Jersey. Conviction can result in up to 20 years in prison, substantial fines, and a new deportation order. The Law Offices Of SRIS, P.C.
Understanding the Federal Illegal Reentry Statute
The charge of illegal reentry after deportation is governed by federal law, specifically 8 U.S.C. § 1326. This statute makes it a crime for any non-citizen to enter, attempt to enter, or be found in the United States after having been formally denied admission, excluded, deported, or removed. The severity of the penalty is often tied to the individual’s prior criminal and immigration history. For example, a prior conviction for an aggravated felony can lead to a maximum prison sentence of 20 years.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | Federal statutes are maintained by the U.S. Government Publishing Office.
Official Legal Resources
For the exact text of the federal illegal reentry statute, you can review 8 U.S.C. § 1326 (official U.S. Code). For procedures and local rules in New Jersey, refer to the U.S. District Court for the District of New Jersey website.
Building a Defense Against an Unlawful Return Charge in Bergen County
Successfully defending against an unlawful return charge requires a detailed investigation into the procedural validity of the underlying deportation order. A common and powerful defense is to challenge the legality of the initial removal proceeding. If that proceeding violated your due process rights—such as failing to provide proper notice or access to counsel—or was fundamentally unfair, it may be possible to have the prior order invalidated, which can collapse the current reentry case.
- Case Assessment: We obtain all records from your prior immigration and criminal cases to identify any procedural errors or grounds for collateral attack.
- Motion to Dismiss: If the prior removal order was invalid, we may file a pretrial motion to dismiss the indictment, arguing the government cannot prove a necessary element of the crime.
- Negotiation: We engage with federal prosecutors to explore alternatives to a felony conviction, such as a plea to a lesser offense or a favorable sentencing agreement if dismissal is not possible.
- Trial Preparation: If the case proceeds to trial, we prepare a vigorous defense, challenging the government’s evidence and presenting arguments in your favor.
- Sentencing Advocacy: Should a conviction occur, we advocate forcefully at sentencing for the most lenient possible penalty, presenting mitigating factors to the court.
- Immigration Coordination: We advise on the immigration consequences of any criminal disposition and coordinate with immigration counsel if separate removal proceedings are initiated.
Potential Penalties for Illegal Reentry
In Bergen County, an illegal reentry after deportation conviction carries a federal prison sentence, with the length heavily dependent on your specific history.
| Prior Record | Maximum Incarceration | Maximum Fine | Immigration Consequence |
|---|---|---|---|
| No Aggravated Felony | 2 years | $250,000 | New deportation order; permanent bar |
| Prior Non-Aggravated Felony | 10 years | $250,000 | New deportation order; permanent bar |
| Prior Aggravated Felony | 20 years | $250,000 | New deportation order; permanent bar |
| Prior Terrorism/National Security Removal | 20 years | $250,000 | New deportation order; permanent bar |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Federal Immigration Defense
Founded in 1997, the Law Offices Of SRIS, P.C. operates on the principle of “Advocacy Without Borders.” Our firm brings a focused approach to defending clients in federal court. We understand that an illegal reentry after deportation charge is not just a criminal case but an event with significant, life-altering immigration consequences. Our strategy involves a dual-track analysis of both the criminal allegations and the underlying immigration order.
Case Results & Client Advocacy
Our defense team works to achieve the best possible result in every case. In federal illegal reentry matters, favorable outcomes can include dismissal of charges, acquittal at trial, or a negotiated resolution that minimizes jail time and future immigration hurdles. We meticulously prepare every case, from challenging the government’s evidence to advocating for compassionate sentencing considerations.
Results may vary. Prior results do not aim for a similar outcome.
Local Federal Defense for Bergen County Residents
If you are facing an illegal reentry after deportation charge, you need a lawyer familiar with the federal courthouses in New Jersey. Our team is prepared to represent you in the U.S. District Court for the District of New Jersey. We offer 24/7 phone consultations to discuss your situation and begin building your defense immediately.
Law Offices Of SRIS, P.C.
By appointment only.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
24/7 phone consultations — meetings by appointment only.
Frequently Asked Questions: Illegal Reentry Defense
Can I fight an illegal reentry charge if my original deportation was years ago?
Yes. The passage of time does not prevent you from challenging the legality of the original deportation order. If that order was fundamentally unfair or violated your rights, it can be attacked collaterally in your criminal case, potentially skilled to a dismissal of the illegal reentry charge.
Is illegal reentry after deportation a felony?
Yes. Illegal reentry under 8 U.S.C. § 1326 is a federal felony. The potential prison sentence ranges from two years up to twenty years, depending on your specific criminal and immigration history at the time of the prior removal.
What is the main defense against an unlawful return charge?
It depends, but a primary defense is invalidating the underlying deportation order. This involves proving the prior removal proceeding denied you due process—such as a lack of proper notice or the inability to seek relief—or that the order itself was not legally valid. Success on this point can defeat the current charge.
Will I be deported again if convicted?
Almost certainly. A conviction for illegal reentry triggers a new removal order from the Department of Homeland Security. also, it imposes a permanent bar to most forms of future legal immigration relief, making it critically important to mount a strong defense against the initial criminal charge.
How long does a federal illegal reentry case take?
The timeline varies. A clear case resolved by plea may conclude in several months. A case involving motions to dismiss the indictment or that proceeds to trial can take a year or more. The complexity of challenging the prior deportation order is the biggest factor in determining the case duration.
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Last verified: April 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.