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Illegal Reentry

Illegal Reentry to the United States Law Firm In Tampa Florida

Illegal reentry is a serious matter. The federal government prosecutes individuals with a prior removal order, under 8 USC 1326, if they reenter the United States after being previously removed. This will lead to your prosecution in federal court, and subsequent removal from the United States. The charge for illegally reentering the United States is a felony charge and could lead to a sentence of at least two years and removal from the United States. The statute enhances the sentence depending on prior prosecutions, several criminal convictions, or a conviction for an aggravated felony under INA §101(a)(43).

What Constitutes Illegal Reentry?

Congress, in order to dissuade people from entering the United States after being removed, criminalized illegal reentry to the United States. The government will prosecute the following individuals of illegal reentry:

  • Individuals who have been denied reentry to the United States;
  • Individuals who have been excluded from the United States;
  • Individuals who have been deported from the United States;
  • Individuals who have been removed from the United States; or
  • Individuals who have departed the United States previously with an outstanding order of exclusion, deportation, or removal.

These individuals would be charged with illegal reentry if they try to return to the United States in an undocumented way or are found in the United States after such reentry.

Why Should You Hire An Immigration Attorney to Defend You?

One of the defenses to this charge if a collateral attack on the underlying prior removal order. In many instances, especially with old removal orders, the immigrant’s rights to due process might have been violated. These violations would be detrimental to defending the charge in federal court. An immigration attorney would be able to find these problems with the underlying removal proceedings.

Another avenue to defending the charge would be to move to reopen the removal proceedings. A Motion to Reopen would be possible if the underlying statute leading to removal has been deemed unconstitutional. For example, an immigrant who has been previously removed for committing a “crime of violence” might be able to argue that the Supreme Court’s ruling in Dimaya changed the definition of such crime and the underlying removal order should be dismissed. Such reopening should lead to the dismissal of the illegal reentry charge.

Hire the American Dream® Law Office to Defend You in Your Case

Attorney Ahmad Yakzan has represented numerous individuals in removal proceedings and would be more than happy to assist you in your illegal reentry case. Call us today or use the form below to contact us for a consultation.

What Sets Us Apart

  • Ultimate Convenience
    Attorney Ahmad Yakzan is your reliable immigration attorney from St. Petersburg Tampa, Florida to Washington, D.C. We also have offices that are conveniently located to serve you in Clearwater, Dunedin, New Port Richey, Oldsmar, Land o’ Lakes, Plant City, Lakeland, and Zephyrhills.
  • Flexible Communication
    For your convenience, we offer in-person, phone, or teleconferencing consultations. Attorney Ahmad Yakzan would be glad to accommodate you in one of our offices in St. Petersburg and Tampa, Florida.
  • Competitive Prices
    Spare no expense in attaining and protecting your American Dream® with the help of Attorney Ahmad Yakzan. Our small consultation retainer will be credited towards our legal fees when you retain our office. We offer competitive rates for excellent legal services.

Making a Difference in Our Clients' Lives

Read Our Five-Star Client Testimonials

At American Dream Law Office, PLLC, your dream is my dream, and it shows in our reviews! See for yourself what our clients have to say about working with us.

    “His knowledge is incredible”
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    “Make America Dream again”
    “Ahmad has been with me through every step and and made me feel comfortable.”
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    “I recommend him for legal immigration cases.”
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    “We had a lot of difficulties”
    “Today we finally got the approval for my husband’s green card”
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    “Professional job”
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    “Overall this law office is an excellent choice”
    “He is very knowledgeable and does an excellent job of proactively communicating.”
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Meet Attorney Ahmad Yakzan
Attorney Ahmad Yakzan came to the United States as a young man to pursue a dream that seemed elusive at times. He struggled but knew what he was aiming for was worth it because he met people who helped him with his goals. Although the dream seemed distant, he carried on.
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