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A person who enters the United States after being deported may be charged with the federal crime of “illegal reentry.” This is a federal crime and the violator could be subject to jail ranging from a few months to more than one year, depending on their prior criminal record. At this time, the crime of illegal re-entry is the most commonly prosecuted crime in federal court. Once the sentence for illegal reentry is completed the person will not be able to get out of custody in the U.S. and may be subjected to expedited removal, unless they wish to apply for a fear based claim such as Convention Against Torture. They can request a “reasonable fear” interview. If they pass the interview, the immigrant will be put into special removal proceedings in immigration court.
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