Illegal Re entry After Deportation Lawyer Somerset County — Federal Defense
Illegal reentry after deportation under 8 U.S.C. § 1326 is a federal felony prosecuted in the U.S. District Court for the District of New Jersey. A conviction carries up to 20 years in prison, mandatory detention, and permanent bars to legal status. Law Offices Of SRIS, P.C., led by Mr.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | New Jersey legislature
Federal Illegal Reentry Statute & Penalties
Illegal reentry after deportation, also known as unlawful return, is codified at 8 U.S.C. § 1326. This federal statute makes it a crime for any noncitizen 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 aggressively enforced by the U.S. Department of Homeland Security (DHS) and prosecuted by the U.S. Attorney’s Office for the District of New Jersey. The severity of penalties escalates based on an individual’s prior criminal and immigration history.
For those in Somerset County, charges are typically filed in the federal courthouses in Newark or Trenton, which fall under the jurisdiction of the District of New Jersey. The firm’s founder, Mr. Sris, a former prosecutor with multi-state bar admissions, leads our defense team on these federal matters.
Official Legal Resources
For the official text of the illegal reentry statute, see 8 U.S.C. § 1326 (Cornell Legal Information Institute). For local court procedures and rules, visit the U.S. District Court for the District of New Jersey website.
- Initial Arrest & Detention: Following arrest by ICE or CBP, you will likely be held in mandatory detention without bond while the case proceeds.
- Federal Indictment: The U.S. Attorney’s Office presents evidence to a grand jury, which issues a formal indictment for violation of 8 U.S.C. § 1326.
- Arraignment & Plea: You will be brought before a federal magistrate judge in Newark or Trenton to hear the charges and enter a plea of guilty or not guilty.
- Discovery & Motions: Your defense attorney will review all government evidence, file motions to challenge the legality of the prior removal or the current arrest, and seek to suppress evidence.
- Plea Negotiation or Trial: Most cases resolve through plea agreements. If no agreement is reached, the case proceeds to a jury trial in federal district court.
- Sentencing: If convicted, sentencing follows U.S. Sentencing Guidelines, which consider criminal history and the circumstances of the reentry.
In Somerset County, a federal illegal reentry after deportation charge under 8 U.S.C. § 1326 carries a baseline penalty of up to 2 years in prison, but enhancements can increase the maximum to 10 or 20 years, followed by a new deportation order.
| Offense Level | Classification | Maximum Incarceration | Maximum Fine | Immigration Consequence |
|---|---|---|---|---|
| Simple Reentry | Federal Felony | 2 years | $250,000 | New removal order; permanent bar |
| Reentry after Aggravated Felony | Federal Felony | 20 years | $250,000 | New removal order; permanent bar |
| Reentry after Certain Criminal Convictions | Federal Felony | 10 years | $250,000 | New removal order; permanent bar |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Federal Immigration Defense
Founded in 1997, Law Offices Of SRIS, P.C. operates on the principle of “Advocacy Without Borders.” Our defense team is led by Mr. Sris, a former prosecutor with a background in accounting and information systems, which provides a critical advantage in cases involving government evidence. He is admitted to practice in multiple states and before federal courts. We approach each illegal reentry case by meticulously examining the procedural history of the prior deportation order, as defects in that underlying order can be a complete defense to the current charge.
Our Approach to Illegal Reentry Defense
We have a documented record of handling federal cases. Firm-wide, our attorneys have collectively handled over 4,739 cases with a favorable outcome rate exceeding 93%. While specific results in Somerset County for this charge are not publicly listed, our national defense strategy is consistent: we aggressively challenge the government’s ability to prove every element of the illegal reentry charge, especially the lawfulness of the original deportation and the defendant’s identity.
Results may vary. Prior results do not guarantee a similar outcome.
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) 334-7465
By appointment only.
Our New Jersey location serves clients facing federal charges in Somerset County, including those in Somerville, Bridgewater, and Franklin Township. We are accessible via I-287 and Route 22. As a federal illegal reentry after deportation lawyer near Somerset County, we provide 24/7 phone consultations at (888) 437-7747. All meetings are by appointment only.
Frequently Asked Questions: Illegal Reentry in Somerset County
What is the difference between illegal reentry after deportation and unlawful return?
No practical difference. “Illegal reentry after deportation” and “unlawful return” both refer to the federal crime defined under 8 U.S.C. § 1326. They are synonymous terms used for entering or being found in the U.S. after a prior formal removal.
Can I get bond if charged with illegal reentry in New Jersey?
It depends, but it is very difficult. Under federal law, most noncitizens charged with illegal reentry are subject to mandatory detention under 8 U.S.C. § 1226(c). A bond hearing is possible only in limited circumstances, such as proving you are not a flight risk or danger, or challenging whether the mandatory detention statute legally applies to your specific case.
What are the common defenses to an illegal reentry charge?
Key defenses include challenging the validity of the prior deportation order (e.g., you did not receive proper notice or waived rights unknowingly), proving you are not the person named in the removal documents, or arguing you had express consent from the Attorney General to reapply for admission. An unlawful return charge lawyer Somerset County can evaluate which defense applies.
Will I be deported again if convicted?
Yes. A conviction for illegal reentry under 8 U.S.C. § 1326 almost always results in a new order of removal or deportation. also, it imposes permanent legal bars to ever obtaining a visa, green card, or U.S. citizenship in the future.
Does New Jersey have state penalties for illegal reentry?
No. Illegal reentry is exclusively a federal crime. However, individuals in Somerset County are often identified by ICE after a state arrest for a separate matter. The state charge is handled in local courts, while the federal illegal reentry case proceeds in the U.S. District Court.
For more information, see our pages on Somerset County criminal defense or return to our New Jersey federal criminal defense hub. You can also learn about immigration law services in Somerset County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
If you want to see how a Somerset County case fits into the wider process, our page on illegal re entry after deportation lawyer New Jersey covers it from start to finish.
Your case in Somerset County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Somerset County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Somerset County NJ lawyers directory · Illegal Re Entry after Deportation Lawyer Bergen County, NJ · Illegal Re Entry after Deportation Lawyer Hudson County, NJ · Monmouth County NJ Illegal Re Entry after Deportation Lawyer.