8 U.S.C. § 1326 : US Code - Section 1326: Reentry of removed aliens

Search 8 U.S.C. § 1326 : US Code - Section 1326: Reentry of removed aliens

    (a) In general
      Subject to subsection (b) of this section, any alien who - 
        (1) has been denied admission, excluded, deported, or removed
      or has departed the United States while an order of exclusion,
      deportation, or removal is outstanding, and thereafter
        (2) enters, attempts to enter, or is at any time found in, the
      United States, unless (A) prior to his reembarkation at a place
      outside the United States or his application for admission from
      foreign contiguous territory, the Attorney General has expressly
      consented to such alien's reapplying for admission; or (B) with
      respect to an alien previously denied admission and removed,
      unless such alien shall establish that he was not required to
      obtain such advance consent under this chapter or any prior Act,

    shall be fined under title 18, or imprisoned not more than 2 years,
    or both.
    (b) Criminal penalties for reentry of certain removed aliens
      Notwithstanding subsection (a) of this section, in the case of
    any alien described in such subsection - 
        (1) whose removal was subsequent to a conviction for commission
      of three or more misdemeanors involving drugs, crimes against the
      person, or both, or a felony (other than an aggravated felony),
      such alien shall be fined under title 18, imprisoned not more
      than 10 years, or both;
        (2) whose removal was subsequent to a conviction for commission
      of an aggravated felony, such alien shall be fined under such
      title, imprisoned not more than 20 years, or both;
        (3) who has been excluded from the United States pursuant to
      section 1225(c) of this title because the alien was excludable
      under section 1182(a)(3)(B) of this title or who has been removed
      from the United States pursuant to the provisions of subchapter
      V, and who thereafter, without the permission of the Attorney
      General, enters the United States, or attempts to do so, shall be
      fined under title 18 and imprisoned for a period of 10 years,
      which sentence shall not run concurrently with any other
      sentence.(!1) or

        (4) who was removed from the United States pursuant to section
      1231(a)(4)(B) of this title who thereafter, without the
      permission of the Attorney General, enters, attempts to enter, or
      is at any time found in, the United States (unless the Attorney
      General has expressly consented to such alien's reentry) shall be
      fined under title 18, imprisoned for not more than 10 years, or
      both.

    For the purposes of this subsection, the term "removal" includes
    any agreement in which an alien stipulates to removal during (or
    not during) a criminal trial under either Federal or State law.
    (c) Reentry of alien deported prior to completion of term of
      imprisonment
      Any alien deported pursuant to section 1252(h)(2) (!2) of this
    title who enters, attempts to enter, or is at any time found in,
    the United States (unless the Attorney General has expressly
    consented to such alien's reentry) shall be incarcerated for the
    remainder of the sentence of imprisonment which was pending at the
    time of deportation without any reduction for parole or supervised
    release. Such alien shall be subject to such other penalties
    relating to the reentry of deported aliens as may be available
    under this section or any other provision of law.

    (d) Limitation on collateral attack on underlying deportation order
      In a criminal proceeding under this section, an alien may not
    challenge the validity of the deportation order described in
    subsection (a)(1) of this section or subsection (b) of this section
    unless the alien demonstrates that - 
        (1) the alien exhausted any administrative remedies that may
      have been available to seek relief against the order;
        (2) the deportation proceedings at which the order was issued
      improperly deprived the alien of the opportunity for judicial
      review; and
        (3) the entry of the order was fundamentally unfair.