Illegal Re entry After Deportation Lawyer in Camden 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. Law Offices Of SRIS, P.C. provides defense for individuals facing unlawful return charges in Camden County.
Federal Statute for Illegal Reentry After Deportation
Illegal reentry after deportation, often referred to as an unlawful return charge, is codified in federal law. The statute makes it a crime for any alien 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 depends heavily on the individual’s prior immigration and criminal history.
Last verified: March 2026 | U.S. District Court for the District of New Jersey | New Jersey federal statutes.
Official Legal Resources
For the official text of the federal illegal reentry statute, see 8 U.S.C. § 1326 (Cornell Legal Information Institute). For information on the local federal court handling these cases, visit the U.S. District Court for the District of New Jersey website.
Defense Strategy for Unlawful Return Charges in Camden County
Defending against an illegal reentry charge requires a detailed analysis of the underlying deportation order. A successful defense often hinges on proving the original removal was fundamentally unfair or legally invalid. In the Camden vicinage of the District of New Jersey, prosecutors from the U.S. Attorney’s Office vigorously pursue these cases, making experienced counsel critical.
- Case Assessment: Immediately review all documents related to the prior deportation, including the Notice to Appear (NTA) and the final order of removal.
- Motion to Suppress: File motions to challenge the legality of the arrest or any statements made if constitutional rights were violated.
- Collateral Attack: File a motion to dismiss the indictment if the underlying deportation order was invalid due to lack of counsel or a misunderstanding of rights.
- Plea Negotiation: Engage with the U.S. Attorney’s Office to seek a favorable plea agreement, potentially for a lesser charge or a specific sentencing recommendation.
- Sentencing Mitigation: If convicted, prepare a full sentencing memorandum highlighting mitigating factors to argue for a sentence at the low end of the guidelines.
Potential Penalties for Illegal Reentry
In Camden County, illegal reentry after deportation carries a base penalty of up to 2 years in federal prison, but penalties escalate sharply with certain prior records.
| Prior Record | Maximum Prison Term | Fine | Supervised Release |
|---|---|---|---|
| No Aggravating Factors | Up to 2 years | Up to $250,000 | Up to 3 years |
| Prior Felony Conviction | Up to 10 years | Up to $250,000 | Up to 3 years |
| Prior Aggravated Felony | Up to 20 years | Up to $250,000 | Up to 3 years |
| Prior Certain Drug/National Security Offenses | Up to 20 years | Up to $250,000 | Up to 3 years |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Federal Immigration Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings a multi-state perspective to federal defense. Our attorneys understand the intersection of criminal and immigration law, which is essential for building a defense against illegal reentry charges. We approach each case by scrutinizing every stage of the government’s process, from the initial arrest to the prior removal proceedings.
Case Results and Client Advocacy
Our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. While specific results for illegal reentry after deportation in Camden County vary, our systematic approach focuses on challenging procedural errors in the deportation process and advocating for fair sentencing. We prepare every case with the goal of protecting your rights and future.
Results may vary. Prior results do not aim for a similar outcome.
Local Federal Defense for Camden 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) 651-3900
By appointment only.
Our New Jersey location represents clients facing federal charges in the U.S. District Court for the District of New Jersey, including the Camden vicinage. We serve individuals and families across Camden County communities, including Camden, Cherry Hill, Gloucester Township, Voorhees, and Haddonfield. If you need an illegal reentry after deportation lawyer near Camden County courts, we offer 24/7 phone consultations at (888) 437-7747. Meetings are held by appointment only.
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 status. Illegal reentry after deportation is a federal criminal charge under 8 U.S.C. § 1326, which can result in felony conviction and prison time.
Can I fight an illegal reentry charge if my deportation was years ago?
It depends. You can challenge the current charge by attacking the validity of the old deportation order. If you were denied a fair hearing, lacked proper legal counsel, or didn’t understand the proceedings, you may have grounds for a defense. An unlawful return charge lawyer can review your prior case.
What are the common defenses to an illegal reentry charge?
Common defenses include proving the government cannot establish identity, challenging the legality of the arrest, or arguing the prior deportation order was invalid. An experienced illegal reentry after deportation lawyer in Camden County can identify the best strategy for your case.
Will I be deported again if convicted of illegal reentry?
Yes. A conviction for illegal reentry after deportation almost certainly leads to a new removal order. also, serving a prison sentence typically precedes deportation, making a strong defense critical to avoid prolonged detention and separation from family.
Should I speak to immigration officials if arrested for reentry?
No. You have the right to remain silent and the right to an attorney. Do not answer questions about your immigration history or entry into the U.S. without your lawyer present. Request to speak with your illegal reentry after deportation lawyer immediately.
Internal Links: For more on federal defense, see our New Jersey Federal Criminal Lawyer hub. For related local matters, consider our Camden County Criminal Defense Lawyer page. For other legal needs, explore Camden County Immigration Lawyer services.
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 after deportation charge.