If you are facing a charge of illegal re-entry of an illegal alien, one potential defense is to challenge the validity of the underlying deportation order. If the deportation order was issued improperly or was based on incorrect information, it may be possible to argue that the re-entry charge should be dismissed.
There are several ways to challenge a deportation order in a federal re-entry trial:
- Demonstrate that the order was issued improperly: In order to be valid, a deportation order must be issued in accordance with all applicable laws and regulations. If you can show that the order was issued improperly, you may be able to have it overturned. For example, if the order was based on incorrect or incomplete information, or if you were not afforded due process, it may be possible to challenge the order.
- Argue that the order was not properly served: In order for a deportation order to be enforceable, it must be properly served on the individual subject to deportation. If you can demonstrate that the order was not properly served, you may be able to challenge it.
- Seek a cancellation of removal: If you have lived in the United States for a certain amount of time and have a qualifying relative, such as a spouse or child who is a citizen, you may be able to seek a cancellation of removal. This is a form of relief that allows you to remain in the United States and avoid deportation.
- Present evidence of rehabilitation: If you have made efforts to turn your life around since your deportation, you may be able to use this as evidence in your defense. For example, if you have completed a treatment program for substance abuse or have obtained employment and are contributing to society, this may be used to demonstrate that you are not a threat and should not be deported.
Challenging a deportation order in a federal re-entry trial can be a complex and challenging process, and it is important to seek the help of an experienced attorney. An experienced federal criminal defense lawyer can help you understand the specific laws and defenses that may be available in your case and can work with you to develop a strong defense strategy.