8 U.S.C. § 1326

Reentry of removed aliens

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(a) In generalSubject to subsection (b), any alien who—(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter(2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien’s reapplying for admission; or (B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act,shall be fined under title 18, or imprisoned not more than 2 years, or both.(b) Criminal penalties for reentry of certain removed aliensNotwithstanding subsection (a), in the case of any alien described in such subsection—(1) whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both;(2) whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both;(3) who has been excluded from the United States pursuant to section 1225(c) of this title because the alien was excludable under section 1182(a)(3)(B) of this title or who has been removed from the United States pursuant to the provisions of subchapter V, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, shall be fined under title 18 and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence.11 So in original. The period probably should be a semicolon. or(4) who was removed from the United States pursuant to section 1231(a)(4)(B) of this title who thereafter, without the permission of the Attorney General, enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be fined under title 18, imprisoned for not more than 10 years, or both.For the purposes of this subsection, the term “removal” includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law.(c) Reentry of alien deported prior to completion of term of imprisonment

Any alien deported pursuant to section 1252(h)(2) 22 See References in Text note below. of this title who enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release. Such alien shall be subject to such other penalties relating to the reentry of deported aliens as may be available under this section or any other provision of law.

(d) Limitation on collateral attack on underlying deportation orderIn a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that—(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order;(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and(3) the entry of the order was fundamentally unfair.(June 27, 1952, ch. 477, title II, ch. 8, § 276, 66 Stat. 229; Pub. L. 100–690, title VII, § 7345(a), Nov. 18, 1988, 102 Stat. 4471; Pub. L. 101–649, title V, § 543(b)(3), Nov. 29, 1990, 104 Stat. 5059; Pub. L. 103–322, title XIII, § 130001(b), Sept. 13, 1994, 108 Stat. 2023; Pub. L. 104–132, title IV, §§ 401(c), 438(b), 441(a), Apr. 24, 1996, 110 Stat. 1267, 1276, 1279; Pub. L. 104–208, div. C, title III, §§ 305(b), 308(d)(4)(J), (e)(1)(K), (14)(A), 324(a), (b), Sept. 30, 1996, 110 Stat. 3009–606, 3009–618 to 3009–620, 3009–629.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a)(2), was in the original a reference to this Act, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Section 1252 of this title, referred to in subsec. (c), was amended generally by Pub. L. 104–208, div. C, title III, § 306(a)(2), Sept. 30, 1996, 110 Stat. 3009–607, and, as so amended, does not contain a subsec. (h). For provisions similar to those formerly contained in section 1252(h)(2) of this title, see section 1231(a)(4) of this title.

Amendments

1996—Pub. L. 104–208, § 308(e)(14)(A), amended section catchline.

Subsec. (a)(1). Pub. L. 104–208, § 308(d)(4)(J)(i), substituted “denied admission, excluded, deported, or removed” for “arrested and deported, has been excluded and deported,” and “exclusion, deportation, or removal” for “exclusion or deportation”.

Pub. L. 104–208, § 324(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “has been arrested and deported or excluded and deported, and thereafter”.

Subsec. (a)(2)(B). Pub. L. 104–208, § 308(d)(4)(J)(ii), substituted “denied admission and removed” for “excluded and deported”.

Subsec. (b). Pub. L. 104–208, § 324(b), inserted “(or not during)” after “during” in concluding provisions.

Pub. L. 104–208, § 308(e)(1)(K), substituted “removal” for “deportation” wherever appearing in pars. (1) and (2) and in concluding provisions.

Subsec. (b)(2). Pub. L. 104–208, § 305(b)(1), struck out “or” at end.

Subsec. (b)(3). Pub. L. 104–208, § 305(b)(2), inserted “or” at end.

Pub. L. 104–132, § 401(c), added par. (3).

Subsec. (b)(4). Pub. L. 104–208, § 305(b)(3), added par. (4).

Subsec. (c). Pub. L. 104–132, § 438(b), added subsec. (c).

Subsec. (d). Pub. L. 104–132, § 441(a), added subsec. (d).

1994—Subsec. (b). Pub. L. 103–322, in par. (1), inserted “three or more misdemeanors involving drugs, crimes against the person, or both, or” after “commission of” and substituted “10” for “5”, in par. (2), substituted “20” for “15”, and added concluding sentence.

1990—Subsec. (a). Pub. L. 101–649 substituted “shall be fined under title 18, or imprisoned not more than 2 years” for “shall be guilty of a felony, and upon conviction thereof, be punished by imprisonment of not more than two years, or by a fine of not more than $1,000”.

1988—Pub. L. 100–690 designated existing provisions as subsec. (a), substituted “Subject to subsection (b), any alien” for “Any alien”, and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendments

Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title.

Pub. L. 104–208, div. C, title III, § 324(c), Sept. 30, 1996, 110 Stat. 3009–629, provided that: “The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but only with respect to entries (and attempted entries) occurring on or after such date.”

Pub. L. 104–132, title IV, § 401(f), Apr. 24, 1996, 110 Stat. 1268, provided that: “The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title] shall take effect on the date of enactment of this Act [Apr. 24, 1996] and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.”

Pub. L. 104–132, title IV, § 441(b), Apr. 24, 1996, 110 Stat. 1279, provided that: “The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [Apr. 24, 1996].”

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title.

Effective Date of 1988 Amendment

Pub. L. 100–690, title VII, § 7345(b), Nov. 18, 1988, 102 Stat. 4471, provided that: “The amendments made by subsection (a) [amending this section] shall apply to any alien who enters, attempts to enter, or is found in, the United States on or after the date of the enactment of this Act [Nov. 18, 1988].”

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

References to Order of Removal Deemed To Include Order of Exclusion and Deportation

For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.

Notes of Decisions

Cited in 19,696 cases (1,316 in the last 5 years), 1954–2026 · leading case: United States v. Jesus Rosales-Bruno

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United States v. Jesus Rosales-Bruno (2015) ca11 · cites it 17× “Case: 12-15089 Date Filed: 06/19/2015 Page: 2 of 90 ED CARNES, Chief Judge: This is the second appeal to come before us involving a sentence imposed on Jesus Rosales-Bruno because of his conviction for illegally reentering the United States in violation of 8 U.S.C. § 1326 . In…”

United States v. Javier Aparco-Centeno (2002) ca6 · cites it 26× “This action stems from a criminal defendant’s appeal of a district court’s determination of his sentence for violating 8 U.S.C. § 1326 , re-entry of a deported alien.”

United States v. Mendoza-Lopez (1987) scotus · cites it 19× “In this case, we must determine whether an alien who is prosecuted under 8 U. S. C. § 1326 for illegal entry following deportation may assert in that criminal proceeding the invalidity of the underlying deportation order.”

United States v. Jose Valdivia-Flores (2017) ca9 · cites it 17× “The panel concluded that the defendant was, accordingly, prejudiced from his inability to seek judicial review for his 2009 removal, and that his collateral attack pursuant to 8 U.S.C. § 1326 (d) on the underlying deportation order should have been successful.”

United States v. Juan Bastide-Hernandez (2022) ca9 · cites it 10× “BASTIDE-HERNANDEZ SUMMARY * Criminal Law The en banc court reversed the district court’s dismissal of an indictment charging illegal reentry after removal in violation of 8 U.S.C. § 1326 , and remanded for further proceedings, in a case in which the district court determined…”

United States v. Jose Ochoa (2017) ca9 · cites it 19× “OCHOA SUMMARY** Criminal Law The panel granted a petition for panel rehearing, withdrew its memorandum disposition filed December 14, 2016, denied a petition for rehearing en banc as moot, and filed a published opinion reversing the defendant’s conviction for illegal reentry in…”

United States v. Oscar Garza-Lopez (2005) ca5 · cites it 8× “KING, Chief Judge: Defendant-Appellant Oscar Garza-Lopez pled guilty to being knowingly and unlawfully present in the United States following deportation, in violation of 8 U.S.C. § 1326 (a) and (b). At sentencing, the district court increased his offense level by sixteen.”

United States v. Encarnacion Gonzalez-Villalobo (2013) ca9 · cites it 28× “OPINION PAEZ, Circuit Judge: Defendant Encarnación Gonzalez-Villalobos appeals his conviction for illegal reentry after a prior deportation in violation of 8 U.S.C. § 1326 . In the district court he moved to dismiss the indictment on the ground that the prior deportation order…”

United States v. Jesus Valdez-Novoa (2014) ca9 · cites it 23× “VALDEZ-NOVOA SUMMARY* Criminal Law The panel affirmed a conviction for attempting to enter the United States without consent after having been previously removed under 8 U.S.C. § 1326 (a). The defendant collaterally attacked the underlying June 11, 1999, removal order, alleging…”

United States v. Edwin Flores (2018) ca9 · cites it 12× “FLORES SUMMARY** Criminal Law The panel affirmed a conviction for attempting to reenter the United States after being deported in violation of 8 U.S.C. § 1326 (a). The panel held that receiving stolen property under California Penal Code § 496(a) is a categorical match for the…”

United States v. Juan Manuel Muro-Inclan (2001) ca9 · cites it 13× “Appellant argues that he could not be convicted under 8 U.S.C. § 1326 as an illegal alien found in the United States following deportation because his due process rights were violated at his prior deportation proceedings.”

United States v. Isidro Ubaldo-Figueroa (2004) ca9 · cites it 11× “First, on May 27, 2000, Ubaldo-Figueroa was arrested and charged with being a deported alien found in the United States in violation of ' 8 U.S.C. § 1326 . This charge was dismissed, and he was returned to Mexico.”

Show all 19,696 citing cases →

— 8 U.S.C. § 1326(a) — 34 cases

United States v. Rojas-Gutierrez (2007) ca5

Gary Tomczyk v. Merrick Garland (2021) ca9

United States v. Javier Chavez Dominguez (2025) ca4

United States v. Jose Hernandez-Mandujano (2013) ca5

United States v. Francisco Ortega-Montalvo (2017) ca8

— 8 U.S.C. § 1326(a)(2) — 1 case

United States v. Balogun (1997) nyed

— 8 U.S.C. § 1326(b) — 2 cases

United States v. Lopez-Martinez (2006) ca5

United States v. Arnulfo Mireles (2015) ca5

— 8 U.S.C. § 1326(b)(1) — 3 cases

United States v. Alviso (1998) ca9

United States v. Bernardo Reyes-Hernandez (2018) ca5

United States v. Tomas Martinez-Rodriguez (2020) ca5

— 8 U.S.C. § 1326(b)(2) — 9 cases

United States v. Jose Perez-Perez, Also Known as Felix Zarate-Velazquez (2003) ca8

UNITED STATES of America, Plaintiff-Appellee, v. Federico GARCIA-OLMEDO, Defendant-Appellant (1997) ca9

United States v. Ayala-Segoviano (2010) ca6

United States v. Contreras-Vieras (2010) ca10

United States v. Jose Rubio-Sorto (2019) ca5

— 8 U.S.C. § 1326(c) — 1 case

Abiah v. Boafo (2025) nysupctnewyork

— 8 U.S.C. § 1326(d) — 6 cases

United States v. Juan Bastide-Hernandez (2021) ca9

United States v. Aragon-Ruiz (2008) mnd

United States v. Soto-Mateo (2013) mad

United States v. Garcia-Galvan (2019) ca10

United States v. Zuniga-Guerrero (2019) ca10

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