Facing Illegal Reentry Charges after Deportation in Austin? You Need Experienced Federal Defense
If you or someone you love has been charged with illegal reentry after deportation in Austin, you’re facing serious federal felony charges that require immediate legal representation. At the Law Office of Jorge Vela, we bring insider knowledge and strategic defense experience to these complex cases, drawing on Attorney Vela’s seven years as both a Federal and State prosecutor in Texas.
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What Is Illegal Reentry?
Under federal law, specifically 8 U.S.C. § 1326, returning to the United States after being deported, removed, or denied admission without proper authorization from the U.S. government constitutes illegal reentry. This federal offense carries significant penalties, including lengthy prison sentences and subsequent deportation.
You may be charged with illegal reentry if you:
- Were previously deported or removed from the United States
- Left the country while under an order of removal
- Were denied admission or excluded from the U.S.
- Subsequently reentered or attempted to reenter the United States without authorization
- Were found within U.S. borders after a prior removal
Federal Penalties for Illegal Reentry after Deportation in Austin
The consequences for illegal reentry are severe and escalate based on your prior immigration and criminal history:
- Basic illegal reentry: Up to 2 years in federal prison
- Reentry after conviction for three or more misdemeanors involving drugs or crimes against persons, or a non-aggravated felony: Up to 10 years in federal prison
- Reentry after an aggravated felony conviction: Up to 20 years in federal prison
Following any prison sentence, individuals are typically deported again with permanent bars against future admission to the United States.
Federal Prosecution of Illegal Reentry Cases in Austin
Federal prosecutors in Austin and throughout Texas have been particularly aggressive in pursuing illegal reentry cases. U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) have made these cases a priority, with prosecutions increasing substantially in recent years.
The Western District of Texas, which includes Austin, has one of the highest rates of immigration-related prosecutions in the nation, making experienced local defense representation critical.
Why Your Choice of Defense Attorney Matters
Defending against illegal reentry charges requires specialized knowledge of both federal criminal law and criminal immigration defense law. At the Law Office of Jorge Vela, we leverage Attorney Vela’s experience as a former prosecutor to anticipate the government’s strategy and build a strong defense for our clients.
Strategic Defenses for Illegal Reentry Cases after Deportation
Successful defense against illegal reentry charges often involves challenging the validity of the original deportation order. Our firm meticulously examines every aspect of your case, including:
Collateral Attacks on Prior Deportation Orders
Under United States v. Mendoza-Lopez, we may challenge the underlying deportation order if:
- The deportation proceeding was fundamentally unfair
- You were deprived of judicial review
- The procedural defects prejudiced your case, depriving you of a reasonable likelihood of avoiding removal.
Additional Defense Strategies
- Challenging the evidence: We scrutinize how authorities obtained evidence of your identity and prior removal.
- Examining procedural errors: We look for due process violations in your prior immigration proceedings.
- Investigating citizenship claims: Some defendants may have legitimate claims to U.S. citizenship that were never properly adjudicated.
- Reviewing A-Files and immigration records: We thoroughly examine your Alien File (A-File) for potential defenses.
- Negotiating plea agreements: When appropriate, we work to secure reduced charges or favorable sentencing recommendations
Federal Sentencing Guidelines for Illegal Reentry
Federal sentencing for illegal reentry follows the United States Sentencing Guidelines, which provide recommended sentencing ranges based on:
- The nature of prior deportations
- Criminal history score
- Specific offense characteristics
- Potential sentencing enhancements
As a former prosecutor, Attorney Jorge Vela understands the nuances of federal sentencing guidelines and how to argue for downward departures and variances when appropriate.
Why Choose the Law Office of Jorge Vela for Your Illegal Reentry Defense in Austin
When facing federal charges for illegal reentry in Austin, you need an attorney who:
- Understands the federal criminal justice system from the inside
- Has specific experience with immigration-related federal offenses
- Knows the local federal courts, prosecutors, and procedures in Austin
- Can identify and leverage weaknesses in the government’s case
- Will fight aggressively to protect your rights and freedom
Jorge Vela brings seven years of experience as a Federal and State prosecutor to your defense. This insider knowledge provides an invaluable advantage in navigating the complex federal criminal justice system and securing the best possible outcome for your case.
Contact an Experienced Illegal Reentry Defense Attorney
If you or a loved one has been charged with illegal reentry in Austin, time is of the essence. Early intervention by an experienced federal criminal defense attorney can make a significant difference in the outcome of your case.
Call the Law Office of Jorge Vela today at (512) 537-1237 for a confidential consultation. We’ll review your case, explain your options, and develop a strategic defense for your circumstances.
Don’t face these serious federal charges alone. Contact us now to begin building your defense.
Frequently Asked Questions About Illegal Reentry Charges
Can I be charged with illegal reentry if I was never formally deported?
Yes. The law applies to anyone who was: "denied admission, excluded, deported, or removed" and subsequently reenters without permission. Even if you left the U.S. voluntarily while under an order of removal, returning without authorization can result in illegal reentry charges.
Do I need an attorney with specific experience in illegal reentry cases?
Absolutely. Illegal reentry cases involve complex intersections of federal criminal law and immigration law. An attorney with specific experience in this area, particularly one who has worked as a prosecutor, will have invaluable insights into defense strategies and potential weaknesses in the government's case.
Will I automatically be deported if convicted of illegal reentry?
In most cases, yes. After serving any prison sentence imposed, individuals convicted of illegal reentry are typically deported with permanent bars against future admission to the United States.
Can the government prove I was previously deported?
The government typically relies on immigration records, including A-Files, removal orders, fingerprint matches, and other documentation to prove prior deportation. However, these records must be properly authenticated and may contain errors or procedural defects that can be challenged.
What if my prior deportation was unlawful?
If your prior deportation proceeding violated your due process rights or contained significant procedural errors, we may be able to mount what's known as a "collateral attack" on that deportation order. If successful, this could provide a complete defense to illegal reentry charges.
Can a criminal defense attorney help with my immigration status?
While the Law Office of Jorge Vela focuses on criminal defense, we understand the immigration consequences of criminal charges and work to minimize negative impacts on your immigration status whenever possible. We can also refer you to trusted immigration attorneys for matters beyond the scope of criminal defense.
The Law Office of Jorge Vela provides aggressive federal criminal defense for individuals charged with illegal reentry and other federal crimes in Austin and throughout Texas. Contact us today to schedule your confidential consultation.
