Sec. 276. reentry of removed395 alien

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## Sec. 276 reentry of removed395 alien **[**[8 U.S.C. 1326](/us/usc/t8/s1326)**]** ###

(a)Subject to subsection (b), any alien who— 395See the appendix in this compilation for the provisions as in effect before April 1, 1997. ####

(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 thereafter396 396So in original, the comma was left out. ####

(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 removed395, unless such alien shall establish that he was not required to obtain such advance consent under this or any prior Act, shall be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.397 397This crime is classified as a Class E felony under §3559(a) of title 18, United States Code, and, under §§3571(b) and 3571(b) of title 18, United States Code, the maximum fine is the *greater* of the amount specified under this section or $250,000. The dollar amount of the fine was omitted by §543(b)(3) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5059). ### (b)398 Notwithstanding subsection (a), in the case of any alien described in such subsection— 398§130001(b) of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103–322, 108 Stat. 2023, Sept. 13, 1994) amended this subsection to cover convictions of 3 or more misdemeanors, to add 5 years to the maximum penalties, and to add the definition of “deportation”. ####

(1)whose removal399 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, United States Code, imprisoned not more than 10 years, or both; 399See the appendix in this compilation for the provisions as in effect before April 1, 1997. ####

(2)whose removal399 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 235(c) because the alien was excludable under section 212(a)(3)(B) or who has been removed from the United States pursuant to the provisions of title 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, United States Code, and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence.400 or 400So in original. §305(b) of P.L. 104–208 (110 Stat. 3009–626) amended this section, by adding “or” at the end; it did not strike the period nor did it add a comma. ####

(4)who was removed from the United States pursuant to section 241(a)(4)(B) 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, United States Code, imprisoned for not more than 10 years, or both. For the purposes of this subsection, the term “**removal**”399 includes any agreement in which an alien stipulates to removal399 during (or not during) a criminal trial under either Federal or State law. ###

(c)Any alien deported pursuant to section 242(h)(2) 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)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.

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U.S. Code