O97 Illegal Entry by Deported Alien

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

Instruction
O97
Statute
8 U.S.C. § 1326
Edition
Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026
Official source
Official PDF, page 688

Elements

Quoted word for word from the official text. Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026.

The Defendant can be found guilty of this crime only if all the following facts are proved beyond a reasonable doubt:

(1) the Defendant was an alien at the time stated in the indictment;

(2) the Defendant had been [deported] [excluded] [removed] from the United States;

(3) afterward, the Defendant [knowingly reentered] [was found to be voluntarily back in] the United States; and

(4) the Defendant did not have the consent of the [Attorney General of] [Secretary of Homeland Security for] the United States to apply for readmission to the United States.

Related practice page

Illegal Reentry After Deportation (8 U.S.C. § 1326)

Official source: Official PDF, page 688

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

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