8 U.S.C. § 1326 — Reentry of removed aliens

(a) In general Subject 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) before 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) about an alien previously denied admission and removed, unless such alien must establish that he was not required to obtain such advance consent under this chapter or any prior Act, must be fined under title 18, or imprisoned not more than 2 years, or both. (b) Criminal penalties for reentry of certain removed aliens Notwithstanding subsection (a), in the case of any alien described in such subsection— (1) whose removal was after 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 must be fined under title 18, imprisoned not more than 10 years, or both; (2) whose removal was after a conviction for commission of an aggravated felony, such alien must be fined under such title, imprisoned not more than 20 years, or both; (3) who has been excluded from the United States under 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 under the provisions of subchapter V, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, must be fined under title 18 and imprisoned for a period of 10 years, which sentence must not run concurrently with any other sentence. 1 or (4) who was removed from the United States under 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) must 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 before completion of term of imprisonment Any alien deported under section 1252(h)(2) 2 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) must 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 must 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 order In 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.