I am in Orlando today and tomorrow as part of my application process to join the CJA panel for the public defender. I am going through the process because I see many immigrants being prosecuted in federal court for illegal re-entry. The Trump Administration has made these a priority and the federal defender’s office is inundated with them. There are many reasons why you should hire an immigration attorney to defend your case in federal court. I will discuss some of them.
Illegal reentry is a criminal offense under federal law. An immigrant may be prosecuted for that offense if he had been previously removed from the United States. The charge is under 8 USC 1326, which includes two elements:
1. A prior order of removal, denial of entry, or an order of exclusion
2. Been found in the United States without prior approval from the Attorney General of the United States
These two elements seem straightforward. However, there are many defenses to this charge, which a competent immigration attorney may know.
There are many possible defenses to the charge of illegal reentry. I will discuss some of them:
The answer to the question is really simple: a competent immigration attorney would have seen hundreds, if not thousands, of alien files in his career. The alien file, which includes your immigration petitions and history, could become of the most important evidence in your trial. A mentor once told me that an immigration attorney is well suited to defend these charges because they could find the needle in the haystack.
Call us today to discuss your options.