Illegal Re entry After Deportation Lawyer in Cape May 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, followed by deportation. If you are facing an unlawful return charge in Cape May County, you need an experienced federal defense lawyer.
Federal Law on Illegal Reentry After Deportation
Illegal reentry after deportation, often called an unlawful return charge, is governed by federal statute 8 U.S.C. § 1326. This law makes it a crime for any non-citizen to enter, attempt to enter, or be found in the United States after having been formally deported, removed, or denied admission. The severity of the charge and potential penalties depend heavily on the individual’s prior immigration and criminal history.
Last verified: March 2026 | U.S. District Court for the District of New Jersey | 8 U.S.C. § 1326
Founded in 1997 by former prosecutor Mr. Sris, our firm understands the high stakes of federal immigration crimes. We approach each illegal reentry after deportation case by scrutinizing the legality of the prior deportation order and the government’s evidence.
Official Legal Resources
For the official text of the federal statute, see 8 U.S.C. § 1326 (Illegal Reentry) on the Legal Information Institute’s website. For information on the federal court handling these cases in New Jersey, visit the U.S. District Court for the District of New Jersey.
Defending an Unlawful Return Charge in Cape May County
An unlawful return charge lawyer Cape May County must be prepared to challenge the government’s case on multiple fronts. A key defense strategy often involves attacking the underlying deportation order. If the prior removal was fundamentally unfair or violated due process, it may be possible to have the illegal reentry charge dismissed. Other defenses may include challenging the identity of the defendant or arguing that the reentry was not “knowing.”
- Initial Consultation & Case Assessment: We immediately review the Notice to Appear, indictment, and details of your prior immigration history.
- Investigation of Prior Deportation: We obtain the complete Record of Proceedings (ROP) from your prior case to identify any procedural errors or due process violations.
- Motion Practice: We may file a motion to dismiss the indictment if the prior removal was invalid or to suppress evidence if it was obtained illegally.
- Negotiation & Strategy: We explore all options, which may include negotiating for a favorable plea agreement or preparing for trial if the government’s case is weak.
- Sentencing Mitigation: If a conviction occurs, we present compelling mitigation evidence to argue for the lowest possible sentence under the U.S. Sentencing Guidelines.
Potential Penalties for Illegal Reentry
In Cape May County, a conviction for illegal reentry under 8 U.S.C. § 1326 carries severe federal penalties, including lengthy imprisonment and mandatory deportation.
| Prior Criminal/Immigration History | Maximum Prison Sentence | Maximum Fine | Immigration Consequence |
|---|---|---|---|
| Basic Reentry (no aggravated felony) | 2 years | $250,000 | Mandatory deportation after sentence |
| Reentry after conviction for an aggravated felony | 20 years | $250,000 | Mandatory deportation after sentence |
| Reentry after conviction for certain non-aggravated felonies | 10 years | $250,000 | Mandatory deportation after sentence |
| Reentry after removal for national security or terrorist grounds | 10 years | $250,000 | Mandatory deportation after sentence |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Illegal Reentry Defense
Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined attorney experience and a documented track record of 4,739+ case results, our firm brings substantial resources to federal defense. Our founder, Mr. Sris, is a former prosecutor who understands government tactics. We provide “Advocacy Without Borders,” offering 24/7 support to clients facing the daunting federal system.
Case Results & Approach
While specific results for illegal reentry cases in Cape May County are not publicly listed, our firm-wide approach is consistent. We have achieved 4,739+ documented case results with a favorable outcome rate exceeding 93%. We build a defense by meticulously reviewing every document in the government’s chain of evidence, from the initial deportation order to the current arrest.
Results may vary. Prior results do not aim for a similar outcome.
Illegal Re entry After Deportation Lawyer Serving Cape May County
Our New Jersey location represents clients facing federal charges in Cape May County. We serve communities including Cape May Court House, Cape May, Wildwood, North Wildwood, Avalon, Stone Harbor, Sea Isle City, and Ocean City (NJ).
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) 455-0250
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings 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 violation. Illegal reentry after deportation is a federal felony crime under 8 U.S.C. § 1326, which can result in criminal prison time before deportation.
Can I fight an illegal reentry charge if my original deportation was years ago?
It depends. You can challenge the legality of the underlying deportation order, even if it was old. An unlawful return charge lawyer Cape May County can file a motion to dismiss if the original removal violated your due process rights, such as if you were not properly advised of your rights or eligible for relief.
What are the defenses to a charge of illegal reentry after deportation?
Common defenses include proving the prior deportation was invalid, challenging the government’s proof that you are the same person who was deported, or arguing you did not “knowingly” reenter. An experienced illegal reentry after deportation lawyer Cape May County will investigate all possible avenues.
Will I be deported again if convicted of illegal reentry?
Yes. A conviction for illegal reentry under 8 U.S.C. § 1326 carries a mandatory order of deportation. You will serve any prison sentence first, then be removed from the United States by Immigration and Customs Enforcement (ICE).
Should I speak to ICE agents if I am arrested for illegal reentry?
No. You have the right to remain silent and the right to an attorney. Politely state you wish to speak with your lawyer before answering any questions. Contact an illegal reentry after deportation lawyer Cape May County immediately.
Related Legal Resources
If you are facing federal charges, you may also want to learn about Federal Criminal Defense in New Jersey. For other legal issues in the area, consider our pages on Cape May County Criminal Defense or Cape May County Immigration Law.
Page last verified: 2026-04. The information on this page is based on federal statutes and procedural rules. Laws change. For current guidance on your illegal reentry after deportation case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.