Criminal Defense of Immigrants
§ 19.75 U. Illegal Re-Entry After Deportation
For more text, click "Next Page>"
The INA includes as an aggravated felony “an offense described in [INA] § § 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph . . . .”[815] The statutes referred to are codified in 8 U.S.C. § § 1325(a) and 1326.
This ground therefore has the following elements:
(1) a conviction of an offense
(2) described in 8 U.S.C. § § 1325(a) (illegal entry) or 1326 (illegal re-entry after deportation)
(3) committed by an alien who was previously deported
(4) on the basis of a conviction for an offense that is an aggravated felony other than one that is described in 8 U.S.C. § § 1325(a) or 1326.
[815] INA § 101(a)(43)(O), 8 U.S.C. § 1101(a)(43)(O).
