Defending against a federal charge of illegal re-entry of an illegal alien can be a complex and challenging process. If you or a loved one is facing this charge, it’s important to understand your options and the strategies that may be available to you. Here are some things to consider when defending against a charge of illegal re-entry of an illegal alien:
- Challenge the underlying deportation order: 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.
- Demonstrate a lack of intent: In order to be convicted of illegal re-entry of an illegal alien, the prosecution must prove that you knowingly and willingly re-entered the United States after being deported. If you can show that you did not know you were deported or that you did not intend to re-enter the United States, it may be possible to avoid conviction.
- Raise humanitarian defenses: If you are facing a charge of illegal re-entry of an illegal alien, it may be possible to argue that you should not be deported or punished due to humanitarian concerns. For example, if you have strong ties to the United States, such as a spouse or children who are citizens, you may be able to argue that deportation would cause undue hardship.
- 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.
- Consult with an experienced attorney: Defending against a federal charge of illegal re-entry of an illegal alien can be complex and requires the help of a skilled and experienced attorney. It’s important to seek legal counsel as soon as possible to ensure that your rights are protected and to give yourself the best chance of obtaining a favorable outcome.
If you or a loved one is facing a charge of illegal re-entry of an illegal alien, it’s important to take the matter seriously and explore all your legal options. An experienced federal criminal defense attorney 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.