Las Vegas Federal Immigration Violations Defense Attorney
Immigration violations are serious federal offenses that involve the unlawful entry, re-entry, or presence in the United States. Charged under 8 U.S.C. § 1325, these violations often apply to individuals who enter the country without proper documentation, overstay a visa, or attempt to avoid inspection by immigration authorities. Given the complex and evolving nature of U.S. immigration law, these cases are often aggressively pursued by federal authorities, and convictions can result in severe penalties, including imprisonment and deportation.
At Hofland & Tomsheck, attorney Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with extensive experience defending individuals against immigration violations in federal court. Whether you are facing charges of unlawful entry, overstaying a visa, or other immigration-related offenses, Josh Tomsheck has the knowledge and experience to provide the high-level defense necessary to protect your future.
What Are Immigration Violations?
Immigration violations, as defined under 8 U.S.C. § 1325, primarily include:
Unlawful Entry: Entering the United States at a time or place other than a designated point of entry, or by avoiding inspection by immigration officers. This is one of the most common immigration violations and typically applies to individuals who cross the border without proper authorization.
Overstaying a Visa: Remaining in the United States after a visa has expired or after the terms of the visa have been violated. Overstaying is considered a civil violation but can lead to deportation and future bars on re-entry.
Fraudulent Entry: Entering the United States by using false documentation or fraudulent claims, such as pretending to be a U.S. citizen or presenting a fake visa.
Under 8 U.S.C. § 1325, first-time unlawful entry is generally treated as a misdemeanor offense, while subsequent offenses, or violations involving fraud, may be prosecuted as felonies. Immigration violations can result in serious consequences, including deportation, bars on re-entry, and even criminal prosecution in federal court.
Case Law and Legal Precedents for Immigration Violations
Several key court cases have shaped the way immigration violations are prosecuted under federal law. In INS v. Lopez-Mendoza, 468 U.S. 1032 (1984), the Supreme Court ruled that deportation proceedings are civil, not criminal, in nature, which means certain constitutional protections, such as the exclusionary rule, may not apply in immigration court. This ruling has significant implications for individuals charged with immigration violations, as it limits their ability to challenge the admissibility of evidence obtained by immigration authorities.
In United States v. Sanchez-Gomez, 859 F.3d 649 (9th Cir. 2017), the court addressed the constitutionality of shackling immigrants during initial court appearances. The decision reinforced the importance of due process rights for individuals charged with immigration violations, particularly in criminal proceedings.
Another important case is United States v. Arrieta, 224 F.3d 1076 (9th Cir. 2000), where the court ruled that an immigration defendant could challenge a prior deportation order in criminal court if the deportation proceedings were fundamentally unfair and deprived the defendant of judicial review.
Penalties for Immigration Violations
Immigration violations can result in a wide range of penalties, depending on the nature of the offense and whether the individual has prior immigration violations or criminal history. The penalties for immigration violations under 8 U.S.C. § 1325 include:
Fines: Individuals convicted of unlawful entry or other immigration violations may be required to pay fines ranging from several hundred to several thousand dollars, depending on the nature of the offense and any aggravating factors.
Imprisonment: First-time unlawful entry is generally a misdemeanor punishable by up to six months in federal prison. However, repeat offenses or violations involving fraud or violence can be prosecuted as felonies, carrying penalties of up to 10 years in prison.
Deportation and Bars on Re-Entry: Individuals convicted of immigration violations may be deported from the United States and barred from re-entering the country for several years, or even permanently, depending on the circumstances. In some cases, individuals may be eligible for relief from deportation, but this requires legal assistance and careful navigation of immigration laws.
The U.S. Sentencing Guidelines provide an advisory sentencing range for immigration violations, considering factors such as prior criminal history, the use of fraudulent documents, and any aggravating or mitigating circumstances. Judges generally follow these guidelines when determining sentences, but they have discretion to impose more or less severe penalties based on the specifics of the case.
Federal Investigations and Immigration Violation Charges
Immigration violation cases are often investigated by agencies such as U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS). These agencies are responsible for enforcing immigration laws and conducting investigations into unlawful entry, visa violations, and fraudulent immigration claims.
Investigations into immigration violations may involve border patrol inspections, surveillance, and collaboration with state and local law enforcement agencies. In some cases, immigration violations are discovered during routine traffic stops or other encounters with law enforcement.
If you are under investigation for immigration violations or have been arrested for unlawful entry, overstaying a visa, or using fraudulent documents, it is critical to seek legal representation as soon as possible. Federal immigration laws are complex and evolving, and early intervention by an experienced attorney can make a significant difference in the outcome of your case.
Defenses Against Immigration Violations
At Hofland & Tomsheck, we take a proactive approach to defending clients against immigration violation charges, carefully examining the facts of the case and challenging the government's evidence. Common defenses against immigration violations include:
Lack of Intent: In some cases, the defendant may not have intended to violate immigration laws. For example, if the defendant unknowingly overstayed their visa or entered the country due to an emergency, this can serve as a defense.
Procedural Violations: Immigration authorities must follow specific procedures when investigating and charging individuals with immigration violations. If these procedures are not followed—such as failing to properly notify the defendant of their rights—this can result in the dismissal of charges.
Challenging the Validity of the Deportation Order: In cases involving illegal re-entry, the defendant may be able to challenge the validity of the original deportation order. If the deportation proceedings were unfair or violated the defendant's due process rights, this can be used as a defense.
Asylum or Refugee Status: In some cases, individuals facing deportation may be eligible for asylum or refugee status if they can prove that they are fleeing persecution in their home country. An experienced immigration attorney can help navigate the complex asylum process and present a compelling case for relief.
Sentencing Guidelines for Immigration Violations
Federal sentencing for immigration violations is determined by the U.S. Sentencing Guidelines, which consider several factors:
Prior Immigration Violations: Individuals with prior immigration violations, such as previous deportations or unlawful entries, may face harsher penalties.
Use of Fraudulent Documents: The use of false documents or fraudulent claims to enter or remain in the United States can result in enhanced penalties.
Criminal History: Individuals with prior criminal convictions, particularly for violent or serious offenses, may face more severe penalties for immigration violations.
The sentencing guidelines provide an advisory range, but federal judges have discretion to impose sentences above or below the advisory range based on the circumstances of the case.
Why Choose Josh Tomsheck for Your Immigration Violations Defense
Facing federal immigration charges can be a daunting experience, but with the right defense attorney, you can protect your rights and fight back against the government's case. Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with extensive experience defending clients against federal immigration violations.
As a former prosecutor, Josh has a deep understanding of how federal authorities build their cases and can develop strategies to challenge the government's evidence, discredit witnesses, and negotiate favorable outcomes for his clients. At Hofland & Tomsheck, we provide personalized legal representation, ensuring that every client receives the best possible defense.
Schedule Your Free, Confidential Consultation Today
If you are facing immigration violation charges or are under investigation by federal authorities, contact Hofland & Tomsheck today to schedule a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, and Zoom sessions.
Call us at (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101. Let us help you protect your rights and build a strong defense against federal immigration violation charges.
