Reentry After Deportation Prosecutions
Overview: Reentry After Deportation
What is it?
Reentry after deportation is the act of a non-citizen returning to the United States after having been removed (deported) by immigration authorities. Returning without permission is a federal crime.
Governing Law
8 U.S.C. § 1326 — Criminal offense for illegal reentry after deportation.
Key Elements of § 1326
The person was deported or removed from the U.S.
The person subsequently entered, attempted to enter, or was found in the U.S. without authorization.
The reentry was without permission from the government.
Typical Penalties
Up to 2 years in prison for general cases.
Up to 20 years if the prior deportation was related to certain aggravated felonies or crimes.
Case Law: Detailed Examples
1. United States v. Lopez-Mendoza (1984)
Court: U.S. Supreme Court
Facts:
Lopez-Mendoza was arrested after reentering without permission.
Issue:
Whether evidence obtained during an illegal search could be suppressed in a §1326 prosecution.
Holding:
Supreme Court held that exclusionary rule does not apply in reentry cases, meaning illegally obtained evidence can be used.
Significance:
Made it easier for prosecutors to convict illegal reentry cases by allowing broader use of evidence.
2. Alvarado-Barrios v. Holder (2010)
Court: 9th Circuit Court of Appeals
Facts:
Alvarado-Barrios was convicted under §1326 but argued that his reentry should be excused because he had an application pending for lawful reentry.
Ruling:
Court rejected the argument, confirming no exception to §1326 for people who try to reenter while application is pending.
Significance:
Clarified strict liability under §1326 — no “good faith” exceptions.
3. United States v. Aguila-Montes de Oca (2016)
Court: 5th Circuit Court of Appeals
Facts:
Aguila-Montes de Oca had been deported and reentered without authorization.
Ruling:
Confirmed sentence enhancement under §1326(b)(2) for prior aggravated felony.
Significance:
Illustrates harsher penalties for reentry following deportation tied to serious prior crimes.
4. United States v. Mendoza-Lopez (1987)
Court: U.S. Supreme Court
Facts:
Mendoza-Lopez was deported after an allegedly unfair prior removal proceeding.
Issue:
Could the deportation be challenged in the criminal reentry case?
Holding:
Supreme Court ruled that due process violations in prior deportation proceedings could be challenged as a defense in §1326 prosecution.
Significance:
Provided a key protection for defendants who claim their removal was unlawful.
5. United States v. Estrada-Torres (2017)
Court: 10th Circuit Court of Appeals
Facts:
Estrada-Torres was removed twice and reentered illegally.
Ruling:
Court upheld enhanced sentence due to multiple prior removals.
Significance:
Confirmed that repeat illegal reentry leads to harsher punishment.
6. United States v. Castillo-Rivera (2013)
Court: 7th Circuit Court of Appeals
Facts:
Castillo-Rivera reentered after removal and argued the government lacked proof he reentered voluntarily.
Ruling:
Court held that circumstantial evidence is sufficient to prove illegal reentry.
Significance:
Clarified that direct proof of reentry is not always necessary for conviction.
Summary of Legal Principles
8 U.S.C. § 1326 criminalizes unauthorized reentry after deportation.
Prior deportations can be challenged if removal process violated due process (Mendoza-Lopez).
Evidence suppression is limited (Lopez-Mendoza).
Sentences increase for prior aggravated felonies or repeated reentries.
Voluntariness of reentry can be proven with circumstantial evidence.
No “good faith” exceptions for reentry while applications are pending.
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