Federal illegal reentry charges under 8 U.S.C. § 1326 are prosecuted extensively in the U.S. District Court for the Central District of California. Homeland Security Investigations (HSI) Los Angeles and the FBI Los Angeles Field Office pursue these cases with increasing intensity. A conviction means federal prison time, followed by permanent removal.
If you or a loved one faces § 1326 charges, every hour matters. Visit our Los Angeles office now.The Bulldog Law defends immigration crimes with constitutional precision challenging the underlying deportation order, attacking the government's identity proof, and pursuing every available defense.
What 8 U.S.C. § 1326 Requires
8 U.S.C. § 1326(a) makes it a federal crime for any previously deported or removed alien to reenter or be found in the United States without authorization. The base offense carries up to 2 years in federal prison.
§ 1326(b) enhancements apply when the prior removal followed a conviction for an aggravated felony (up to 20 years), a felony (up to 10 years), or three or more misdemeanors (up to 10 years). Under current enforcement priorities, § 1326 prosecutions have surged significantly in the Central District of California.
How The Bulldog Challenges HSI and FBI Evidence
The most powerful defense in § 1326 cases is a collateral attack on the underlying deportation or removal order. Under United States v. Mendoza Lopez (1987) and 8 U.S.C. § 1326(d), a defendant may challenge the validity of the prior removal order if: the defendant was denied the opportunity for judicial review, the deportation was fundamentally unfair, and the defendant was prejudiced by the defect.
If the immigration judge failed to advise the defendant of eligibility for relief from removal such as cancellation of removal, asylum, or adjustment of status the removal order may be fundamentally unfair. We investigate every prior removal order for collateral attack viability.
Identity is always at issue. The government must prove that the person before the court is the same person who was previously removed. We challenge identity evidence, including A file fingerprints and biometric data, in every appropriate case.
Constitutional challenges to § 1326's sentencing enhancements based on prior convictions are raised under Apprendi v. New Jersey and its progeny when applicable.
What to Do in the First 24 Hours After a Federal Immigration Arrest in Los Angeles
HSI and immigration enforcement arrests in Los Angeles often begin with a detainer placed at county jail upon release from state custody. Federal prosecution follows referral to the U.S. Attorney's Office. You will be transported to the MDC or a federal contract facility.
Do not make any statements about your immigration history, previous entries, or prior contacts with immigration authorities.
Your initial appearance before a U.S. Magistrate Judge at the Central District Courthouse occurs within 24 hours. The Bulldog Law investigates the underlying removal order immediately, looking for every available defense including collateral attack and relief eligibility.
Sentencing and Fast Track Programs
The Central District of California participates in fast track early disposition programs for § 1326 cases, which can provide significant sentence reductions in exchange for early plea. We evaluate fast track eligibility and negotiate the best possible outcome for every client, while simultaneously pursuing all available trial defenses.
Frequently Asked Questions
What is the penalty for illegal reentry under 8 U.S.C. § 1326?
The base offense carries up to 2 years in federal prison. Enhancements for prior aggravated felony convictions can increase the maximum to 20 years.
Can the underlying deportation order be challenged in a § 1326 case?
Yes. Under § 1326(d), a collateral attack on the prior removal order is available if the defendant was denied judicial review, the removal was fundamentally unfair, and there was resulting prejudice.
What is a fast track program in federal immigration cases?
Fast track programs offer sentence reductions below the guidelines in exchange for early guilty pleas in immigration prosecutions. The Central District of California participates in this program.
What agencies prosecute immigration crimes in Los Angeles?
Homeland Security Investigations (HSI) and the FBI Los Angeles Field Office are the primary federal investigators of immigration crimes in the greater Los Angeles area.
Can relief from removal affect a § 1326 prosecution?
Yes. If the underlying removal was fundamentally unfair because the immigration judge failed to advise the defendant of available relief, the removal order may be challenged, potentially defeating the § 1326 charge.
Facing charges in Los Angeles? The Bulldog Law fights for you relentlessly, in state and federal court. Visit our blog for more resources.