Federal charges
Dallas illegal reentry (1326) lawyer.
Illegal reentry after removal is one of the most charged federal crimes in Texas, and the sentence depends mostly on what happened before the last deportation. That makes the details of the old removal order and the old convictions the heart of the defense. We get those records, check whether the person may actually be a citizen, and explain every step in Spanish so the family understands the real options.
Right now
If a family member was just charged with reentry.
- 01
Do not sign anything from ICE or the agents
Forms about status, voluntary return or statements can be used in the criminal case. Ask for a lawyer first.
- 02
Find his paperwork
Old removal papers, immigration court notices, any applications filed, and documents from past criminal cases. Also birth or naturalization certificates of his parents and grandparents.
- 03
Write down his history
When he first came, when he was removed, when he returned and why, children and family here, work history. These facts matter for both the defense and the sentence.
- 04
Do not talk about how he entered on jail calls
Calls are recorded. Questions about when or how he crossed should be answered only with his lawyer.
- 05
Call us for a free consultation
We explain the case in Spanish, in person in Oak Cliff or Odessa or by phone, and we answer 24/7 for arrests.
Key deadlines and numbers
- Reentry with no qualifying prior conviction
- Up to 2 yearsSource: 8 U.S.C. 1326(a)
- Removed after a felony or 3 or more certain misdemeanors
- Up to 10 yearsSource: 8 U.S.C. 1326(b)(1)
- Removed after an aggravated felony
- Up to 20 yearsSource: 8 U.S.C. 1326(b)(2)
- Challenging the old removal order
- Possible, but all three legal requirements must be metSource: 8 U.S.C. 1326(d)
- Guideline that sets the range
- USSG 2L1.2: a base level plus increases for prior convictionsSource: U.S. Sentencing Commission immigration primer
- After the sentence
- The old removal order is usually reinstated without a new hearingSource: 8 U.S.C. 1231(a)(5)
Texas law
How federal illegal reentry law works.
Under 8 U.S.C. 1326, the government must prove the person is not a U.S. citizen, was removed or left while under a removal order, and then entered, tried to enter, or was found in the United States without permission to reapply. Many cases start with an arrest on an unrelated local charge and a fingerprint check at the county jail.
| Charge | Maximum prison term | Notes |
|---|---|---|
| Illegal entry, first offense (8 U.S.C. 1325(a)) | 6 months | Misdemeanor. A later 1325 conviction carries up to 2 years. |
| Reentry after removal (1326(a)) | 2 years | No qualifying conviction before the removal. |
| Reentry after a felony or 3 or more misdemeanors for drugs or crimes against a person (1326(b)(1)) | 10 years | The prior conviction must come before the removal. |
| Reentry after an aggravated felony (1326(b)(2)) | 20 years | Aggravated felony is an immigration term and can include some offenses that are not felonies in Texas. |
Is he really not a citizen?
Some people charged with reentry are citizens without knowing it, because a parent or grandparent was a U.S. citizen or a parent naturalized while they were a child. The rules depend on the year of birth and the parents' history, and citizenship is a complete defense.
Source: 8 U.S.C. 1401 and 1431Attacking the old removal order
A defendant can challenge the prior removal only by showing that available remedies were used, that the process blocked a real chance at review, and that the order was fundamentally unfair. The Supreme Court held in 2021 that all three are required. It is a narrow door, but old removals with no hearing, no interpreter or bad advice deserve a close look.
Source: United States v. Palomar-Santiago (2021)The record drives the sentence
The reentry guideline starts low and adds levels for earlier reentry convictions and for convictions before and after the first removal, based largely on the length of the sentence imposed. The exact documents from old Texas cases often change the number.
Source: USSG 2L1.2Fast-track pleas
Many federal districts offer an early disposition program in reentry cases: a quick plea and certain waivers in exchange for a lower guideline range. Whether it is offered, and whether it is the right choice, depends on the district and on what the defense can do with the old removal.
Source: USSG 5K3.1How we work
How we defend a reentry case.
Mr. Estrada reviews the immigration and criminal history and sets the strategy. Our bilingual associates and staff gather the records and keep the family informed in Spanish.
01
Get the immigration file
The removal order, the hearing record or expedited removal forms, notices, and the agents' reports. We look at what was explained, in what language, and whether a judge was involved.
02
Check for citizenship
We ask about parents and grandparents, where and when they were born or naturalized, and the client's age at the time. Birth certificates from both sides of the border can matter.
03
Test the prior convictions
Whether each old conviction really counts as a felony, an aggravated felony or a qualifying misdemeanor, and what sentence was actually imposed. Mistakes here raise the range by years.
04
Decide on motions and the plea
If the old removal can be challenged, we file. If not, we compare fast-track and other offers against the likely sentence after trial.
05
Tell his story at sentencing
Why he came back, the children and family who depend on him, years of work, and danger he faces. Judges can sentence below the guideline range for good reasons, and we document them.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“Olegario firm made me feel like I was at home. As soon as I walked in the receptionist was very kind and professional.”What families ask us about after the case.
- Will he be deported after serving the sentence?
- In most cases, yes. ICE usually takes custody at the end of the sentence and reinstates the old order. Someone who fears persecution or torture may still be able to ask for limited protection, and that should be raised with an immigration attorney early.
- What if he comes back again?
- A prior reentry conviction raises the guideline range and the risk of a longer sentence the next time. Families should understand that clearly before making plans.
- What about the children, the car and the bank account?
- Plan now for who will care for the children, who can sign for the car title and accounts, and where documents will be kept. A power of attorney signed while he is in custody can make this easier.
- Does Texas also charge reentry now?
- Texas created state crimes for illegal entry and reentry under SB 4, and parts of that law are being enforced in 2026 while court challenges continue. A state charge and a federal charge can both arise from the same facts.
Dallas and Odessa
Where reentry cases are heard.
In Dallas, many reentry cases begin after an arrest on a local charge and booking at the Lew Sterrett jail, followed by a federal complaint in the Northern District of Texas at the Earle Cabell Federal Building. In West Texas, cases from Ector and Midland counties go to the Western District's Midland-Odessa Division in Midland. Collin and Denton County cases go to the Eastern District in Sherman or Plano. We meet families at our Oak Cliff office on Jefferson Boulevard and our Odessa office on Diego Road.
FAQ
Questions people ask.
What is the sentence for illegal reentry?
The maximum is 2, 10 or 20 years depending on the convictions before the removal. The actual sentence is usually set by the guideline range, which depends heavily on the prior record, and many sentences are far below the maximum.
Can he get out on bond in a 1326 case?
It is difficult. Most people charged with reentry have an ICE detainer, so release from the Marshals often means transfer to ICE. We talk through whether asking for release helps or hurts in his situation.
Can the old deportation be challenged?
Sometimes. The law requires three things and courts apply them strictly. We get the old file and look at how the removal happened before deciding.
What is a fast-track plea?
An early plea program in which the person pleads guilty quickly and gives up some rights in exchange for a lower guideline range. It can make sense, but only after checking the defenses that would be given up.
His mother was a U.S. citizen. Does that matter?
It can matter a great deal. Depending on the dates and where she lived, he may have been a citizen from birth or become one as a child. Bring us every document you have about his parents.
Will the time in ICE count toward the sentence?
Time held only on an immigration hold may not count, while time held on the federal charge generally does. Also, a person with a final removal order generally cannot use First Step Act credits to shorten the sentence. We review the dates with you.
How much does it cost to hire you?
The consultation is free. We discuss the fee and payment options up front, and the family can meet with us in Oak Cliff, in Odessa or by phone.
Related situations
- Federal arrest and detention hearing
- Federal sentencing and plea deals
- Alien smuggling and transporting (1324)
- Texas SB 4 illegal entry charges
- Immigration consequences of a charge
- Other federal cases
- All: Federal Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.