I’ve been charged with re-entry after removal. Do I need to hire a Boston immigration crimes attorney?
You should hire an attorney immediately if you have been accused of or charged with re-entry after removal.
What the charge means: Re-entry after removal means that you have come back to the United States after you have been denied admission, excluded, deported, removed or have departed the US while an order of exclusion, deportation, or removal is outstanding.
What the consequences are: Re-entry after removal is a crime that is punished by a fine and a minimum sentence of 2 years or up to a maximum of 20 years. It depends on the circumstances of your removal and whether you have been convicted of a crime.
Many people who have already committed a crime find themselves targeted by federal agents for re-entry after removal.
Are you on a Federal Authorities “Most Wanted” List?
A recent example of re-entry without removal in Boston: According to MassLive, a man described as being on “ICE’s 10 most-wanted” list is due to be sentenced in Boston for Re-Entry After Removal. The Haitian National was convicted in September 2006 of drug trafficking and sentenced to three years in prison.
He was deported to Haiti after his release in 2008 and re-entered the United States unlawfully after his removal, according to federal authorities. In September 2019 he was arrested and charged in Woburn District Court with cocaine distribution, identity fraud and operating with a suspended license. He was released from custody in 2020 after he posted bail and was arrested again in 2021 for unauthorized re-entry.
His Defense lawyers argued that the charge should be dismissed because a Waltham District Court vacated a 2002 decision that served as the basis for the 2008 removal upon finding that he had not been adequately advised by his state counsel. His attorneys argued that he was not lawfully removed, so it could not be proved that he unlawfully re-entered. Sometimes re-entry after removal cases can be dismissed or sentences can be reduced if it can be proved that there was a problem with the investigation or with the original removal case.
Have you Been Convicted of a Crime Prior to Re-Entry After Removal?
Penalties for re-entry after removal can be extremely severe. If you have been convicted of at least 3 misdemeanors or a felony before you are removed, the punishment is a fine and imprisonment of 10 years. If you have been convicted of an aggravated felony, the punishment consists of a fine and imprisonment of 20 years.
If you are being investigated by federal agents or you have been charged with re-entry after removal you should reach out to an experienced Boston Criminal Law Attorney immediately. At Dhar Law, we have decades of experience defending serious immigration crimes in state and federal courts. We are an inclusive Law Firm with full translation services who put all our resources to work for clients confronting a difficult situation. Please don’t hesitate to get in touch with our Boston Immigration Crimes Attorneys so we can assist you with your case.