Illegal Re Entry After Deportation Lawyer Botetourt Virginia — What Are Your Defenses?
Illegal re entry after deportation is a federal crime under 8 U.S.C. § 1326, punishable by up to 20 years in prison. In Botetourt County, these cases are heard in the Roanoke federal court. Law Offices Of SRIS, P.C. provides a strong defense for those facing removal proceedings. Our deportation defense attorney team understands the severe consequences of a conviction.
Understanding the Federal Statute for Illegal Re Entry
The crime of illegal re entry after deportation is defined by federal law, specifically 8 U.S.C. § 1326. This statute makes it a felony 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 penalties increase significantly if the prior removal was due to an aggravated felony conviction. For individuals in Botetourt County, this means your case will be prosecuted in the United States District Court for the Western District of Virginia in Roanoke. A conviction can lead to lengthy imprisonment and a permanent bar from returning to the U.S.
Last verified: April 2026 | United States District Court for the Western District of Virginia | 8 U.S.C. § 1326
Official Legal Resources
For the official text of the federal illegal re entry statute, you can review 8 U.S.C. § 1326 (Cornell Legal Information Institute). For information on the local federal court handling these cases, visit the United States District Court for the Western District of Virginia website.
Local Court Process and Defense Strategy
An illegal re entry after deportation case in Botetourt County initiates with an arrest, often by Immigration and Customs Enforcement (ICE), followed by a federal criminal complaint. The case is then presented to a grand jury in Roanoke for indictment. A strong defense requires an immigration court lawyer to meticulously examine the validity of the underlying deportation order. Common defenses include challenging whether the original removal proceedings violated due process or proving that the individual actually received the required consent to reapply for admission.
- Initial Arrest and Arraignment: You will be arrested, booked, and brought before a federal magistrate judge for an initial hearing where charges are read.
- Grand Jury Indictment: The U.S. Attorney’s office will present evidence to a grand jury to secure a formal indictment.
- Pre-Trial Motions: Your attorney will file motions, which may include challenging the legality of the prior deportation or suppressing evidence.
- Plea Negotiations or Trial: Your lawyer will negotiate with prosecutors for a favorable plea deal or prepare to defend you at trial.
- Sentencing and Immigration Consequences: If convicted, you face federal prison time and will be subject to a new deportation order.
Potential Penalties for Illegal Re Entry
In Botetourt County, illegal re entry after deportation is a federal felony carrying a prison sentence of up to 2 years, which can be enhanced to 10 or 20 years based on criminal or national security grounds.
| Offense | Classification | Incarceration | Fine | Immigration Consequence |
|---|---|---|---|---|
| Illegal Re Entry (Basic) | Federal Felony | Up to 2 years | Up to $250,000 | Mandatory deportation |
| Re Entry After Aggravated Felony | Enhanced Felony | Up to 20 years | Up to $250,000 | Permanent bar from reentry |
| Re Entry After Certain Criminal Convictions | Enhanced Felony | Up to 10 years | Up to $250,000 | Extended bar from reentry |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Immigration Case
Founded in 1997, Law Offices Of SRIS, P.C. was built on a foundation of advocacy without borders. Our firm brings a deep understanding of the intersection between federal criminal law and immigration law. We know that a charge for illegal re entry after deportation is not just a criminal case—it is a case that threatens your entire future in the United States. We approach each case with the urgency and detailed preparation it demands.
Our Approach to Immigration Defense
Our firm has handled numerous complex immigration cases. We focus on building a defense that scrutinizes every aspect of the government’s case, from the legality of the initial stop to the procedural validity of the prior deportation order. We understand that effective deportation help requires attacking the charge on both criminal and immigration fronts simultaneously.
Results may vary. Prior results do not aim for a similar outcome.
Local Immigration Defense in Botetourt County
Law Offices Of SRIS, P.C.
Available for cases in Botetourt County & the Western District of Virginia.
Toll-Free: (888) 437-7747
24/7 phone consultations — meetings by appointment only.
If you are facing charges for illegal re entry after deportation in Botetourt, Virginia, you need a lawyer who is familiar with the local federal court. Our team is prepared to defend you. We serve clients throughout the region, providing accessible legal support for this serious federal offense.
Frequently Asked Questions
Can I be charged with illegal re entry if I was deported years ago?
Yes. There is no time limit. If you were formally deported or removed and later reenter the U.S. without authorization, you can be charged under 8 U.S.C. § 1326, regardless of how much time has passed since the original deportation.
What is the main defense against an illegal re entry charge?
It depends. A common and powerful defense is to challenge the underlying deportation order itself. If your original removal proceedings violated your right to due process—for example, if you were not properly advised of your rights or denied a meaningful opportunity to be heard—that order may be invalid and cannot support a re entry charge.
Do I need both a criminal lawyer and an immigration lawyer?
Yes, effectively. An illegal re entry case is a federal criminal charge with automatic immigration consequences. You need a removal proceedings lawyer who is adept at federal court practice and deeply understands immigration law to handle both the criminal trial and the impending deportation case.
What happens after an arrest for illegal re entry?
You will be held in federal custody. The U.S. Attorney’s Office will file a criminal complaint, and a grand jury will issue an indictment. You will have an arraignment, and the court will set a schedule for pre-trial motions and a trial date. Bond is often difficult to obtain in these cases.
Can a plea deal prevent deportation?
No. A conviction for illegal re entry under 8 U.S.C. § 1326 makes you deportable by law. Even with a favorable plea agreement on the sentence, the conviction itself triggers a new removal order. The goal of defense is often to have the criminal charge dismissed entirely.