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
of this chapter, 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.