Notes on 8 U.S.C. § 1326 : US Code - Notes

Search Notes on 8 U.S.C. § 1326 : US Code - Notes

(June 27, 1952, ch. 477, title II, ch. 8, Sec. 276, 66 Stat. 229;
Pub. L. 100-690, title VII, Sec. 7345(a), Nov. 18, 1988, 102 Stat.
4471; Pub. L. 101-649, title V, Sec. 543(b)(3), Nov. 29, 1990, 104
Stat. 5059; Pub. L. 103-322, title XIII, Sec. 130001(b), Sept. 13,
1994, 108 Stat. 2023; Pub. L. 104-132, title IV, Secs. 401(c),
438(b), 441(a), Apr. 24, 1996, 110 Stat. 1267, 1276, 1279; Pub. L.
104-208, div. C, title III, Secs. 305(b), 308(d)(4)(J), (e)(1)(K),
(14)(A), 324(a), (b), Sept. 30, 1996, 110 Stat. 3009-606, 3009-618
to 3009-620, 3009-629.)
REFERENCES IN TEXT                        
Section 1252 of this title, referred to in subsec. (c), was
amended generally by Pub. L. 104-208, div. C, title III, Sec.
306(a)(2), Sept. 30, 1996, 110 Stat. 3009-607, and, as so amended,
does not contain a subsec. (h). For provisions similar to those
formerly contained in section 1252(h)(2) of this title, see section
1231(a)(4) of this title.
AMENDMENTS                            
1996 - Pub. L. 104-208, Sec. 308(e)(14)(A), amended section
catchline.
Subsec. (a)(1). Pub. L. 104-208, Sec. 308(d)(4)(J)(i),
substituted "denied admission, excluded, deported, or removed" for
"arrested and deported, has been excluded and deported," and
"exclusion, deportation, or removal" for "exclusion or
deportation".
Pub. L. 104-208, Sec. 324(a), amended par. (1) generally. Prior
to amendment, par. (1) read as follows: "has been arrested and
deported or excluded and deported, and thereafter".
Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 308(d)(4)(J)(ii),
substituted "denied admission and removed" for "excluded and
deported".
Subsec. (b). Pub. L. 104-208, Sec. 324(b), inserted "(or not
during)" after "during" in concluding provisions.
Pub. L. 104-208, Sec. 308(e)(1)(K), substituted "removal" for
"deportation" wherever appearing in pars. (1) and (2) and in
concluding provisions.
Subsec. (b)(2). Pub. L. 104-208, Sec. 305(b)(1), struck out "or"
at end.
Subsec. (b)(3). Pub. L. 104-208, Sec. 305(b)(2), inserted "or" at
end.
Pub. L. 104-132, Sec. 401(c), added par. (3).
Subsec. (b)(4). Pub. L. 104-208, Sec. 305(b)(3), added par. (4).
Subsec. (c). Pub. L. 104-132, Sec. 438(b), added subsec. (c).
Subsec. (d). Pub. L. 104-132, Sec. 441(a), added subsec. (d).
1994 - Subsec. (b). Pub. L. 103-322, in par. (1), inserted "three
or more misdemeanors involving drugs, crimes against the person, or
both, or" after "commission of" and substituted "10" for "5", in
par. (2), substituted "20" for "15", and added concluding sentence.
1990 - Subsec. (a). Pub. L. 101-649 substituted "shall be fined
under title 18, or imprisoned not more than 2 years" for "shall be
guilty of a felony, and upon conviction thereof, be punished by
imprisonment of not more than two years, or by a fine of not more
than $1,000".
1988 - Pub. L. 100-690 designated existing provisions as subsec.
(a), substituted "Subject to subsection (b) of this section, any
alien" for "Any alien", and added subsec. (b).
EFFECTIVE DATE OF 1996 AMENDMENTS                 
Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A)
of Pub. L. 104-208 effective, with certain transitional provisions,
on the first day of the first month beginning more than 180 days
after Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out
as a note under section 1101 of this title.
Section 324(c) of div. C of Pub. L. 104-208 provided that: "The
amendment made by subsection (a) [amending this section] shall
apply to departures that occurred before, on, or after the date of
the enactment of this Act [Sept. 30, 1996], but only with respect
to entries (and attempted entries) occurring on or after such
date."
Section 401(f) of Pub. L. 104-132 provided that: "The amendments
made by this section [enacting sections 1531 to 1537 of this title
and amending this section and section 1105a of this title] shall
take effect on the date of enactment of this Act [Apr. 24, 1996]
and shall apply to all aliens without regard to the date of entry
or attempted entry into the United States."
Section 441(b) of Pub. L. 104-132 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
criminal proceedings initiated after the date of enactment of this
Act [Apr. 24, 1996]."
EFFECTIVE DATE OF 1990 AMENDMENT                 
Amendment by Pub. L. 101-649 applicable to actions taken after
Nov. 29, 1990, see section 543(c) of Pub. L. 101-649, set out as a
note under section 1221 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT                 
Section 7345(b) of Pub. L. 100-690 provided that: "The amendments
made by subsection (a) [amending this section] shall apply to any
alien who enters, attempts to enter, or is found in, the United
States on or after the date of the enactment of this Act [Nov. 18,
1988]."
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of this title.
REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
AND DEPORTATION
For purposes of carrying out this chapter, any reference in law
to an order of removal is deemed to include a reference to an order
of exclusion and deportation or an order of deportation, see
section 309(d)(2) of Pub. L. 104-208, set out in an Effective Date
of 1996 Amendments note under section 1101 of this title.
(!1) So in original. The period probably should be a semicolon.
(!2) See References in Text note below.