Illegal Re-Entry and Deportation
Illegal Entry cases are prosecuted the US Attorney-New Mexico in one of three federal courthouses: Albuquerque, Las Cruces and Santa Fe, At the first two hearings, because the magistrate judge will find defendant to be a flight risk, there will be no bond and no conditions of release. Defendant has the right to be visited by a representative of the embassy of his home country.
One major question on the minds of every defendant and family is how many months he will spend in federal prison before being transferred to El Paso or other holding location for deportation. It is not always possible to estimate this with any certainty at the outset. It depends on what other criminal charges are involved in the case and what past convictions can be proven against this individual. The Federal Sentencing Guidelines look at whether the defendant has been deported in the past and, most importantly, whether he has any prior felony convictions in the United States. A defendant with prior drug convictions is looking at much more time under the guidelines than someone who does not have a significant criminal history. A fast track process is available to defendants without a criminal history which speeds up the process greatly and which reduces the time served under the guidelines. Several judges look at how many months a defendant served in jail during his last deportation and add some time for yet another deportation even if the defendant has not committed any other crimes in between.
