United States of America v. Pablo Lopez-Ramirez

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with Unlawful Reentry of a Removed Alien.



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8 U.S.C. 1326, also known as the "Reentry of Removed Aliens" law, makes it a federal crime for an alien (non-U.S. citizen) who has been deported, excluded, removed, or denied admission to the United States, and who then reenters, attempts to reenter, or is found in the United States, without proper authorization. This law applies even if the alien reenters the U.S. undetected.

Key points about 8 U.S.C. 1326:



Prohibited Actions:



The law prohibits reentering, attempting to reenter, or being found in the U.S. after a prior removal order, unless the Attorney General has expressly consented to the reentry.



Prior Removal:



The law applies to individuals who have been previously denied admission, excluded, deported, or removed from the U.S.



Criminal Offense:



Reentering the U.S. illegally under this law is a felony offense.



Penalties:



Penalties for violating 8 U.S.C. 1326 can include fines, imprisonment, or both. The length of imprisonment can vary based on the circumstances of the prior removal, including whether it was due to a conviction for certain types of

crimes.



Aggravated Felony:



If the prior removal was due to an aggravated felony conviction, the maximum prison sentence can be 20 years.



Collateral Attack:



Individuals charged with violating 8 U.S.C. 1326 can challenge the validity of their prior deportation order in certain circumstances.



"Found In" Clause:



The law includes the phrase "found in," which means that even if an individual successfully reenters the U.S. undetected and remains so for a period, they can still be prosecuted under this law if they are later discovered by authorities.

BOP: 24 months; SR: 3 years; SMA: $100.00