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TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part VIII--General Penalty Provisions
Sec. 1326. Reentry of removed aliens
(a) In general
Subject to subsection (b) of this section, 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 aliens
Notwithstanding subsection (a) of this section, 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 of this
chapter, 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