Laws: Cases and Codes : U.S. Code : Title 8 : Section 1326
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U.S. Code as of:
01/03/05
Section 1326 - Notes
SOURCE
(June 27, 1952, ch. 477, title II, ch. 8, Sec. 276, 66 Stat. 229;
Pub. L. 100-690, title VII, Sec. 7345(a), Nov. 18, 1988, 102 Stat.
4471; Pub. L. 101-649, title V, Sec. 543(b)(3), Nov. 29, 1990, 104
Stat. 5059; Pub. L. 103-322, title XIII, Sec. 130001(b), Sept. 13,
1994, 108 Stat. 2023; Pub. L. 104-132, title IV, Secs. 401(c),
438(b), 441(a), Apr. 24, 1996, 110 Stat. 1267, 1276, 1279; Pub. L.
104-208, div. C, title III, Secs. 305(b), 308(d)(4)(J), (e)(1)(K),
(14)(A), 324(a), (b), Sept. 30, 1996, 110 Stat. 3009-606, 3009-618
to 3009-620, 3009-629.)
REFERENCES IN TEXT
Section 1252 of this title, referred to in subsec. (c), was
amended generally by Pub. L. 104-208, div. C, title III, Sec.
306(a)(2), Sept. 30, 1996, 110 Stat. 3009-607, and, as so amended,
does not contain a subsec. (h). For provisions similar to those
formerly contained in section 1252(h)(2) of this title, see section
1231(a)(4) of this title.
AMENDMENTS
1996 - Pub. L. 104-208, Sec. 308(e)(14)(A), amended section
catchline.
Subsec. (a)(1). Pub. L. 104-208, Sec. 308(d)(4)(J)(i),
substituted "denied admission, excluded, deported, or removed" for
"arrested and deported, has been excluded and deported," and
"exclusion, deportation, or removal" for "exclusion or
deportation".
Pub. L. 104-208, Sec. 324(a), amended par. (1) generally. Prior
to amendment, par. (1) read as follows: "has been arrested and
deported or excluded and deported, and thereafter".
Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 308(d)(4)(J)(ii),
substituted "denied admission and removed" for "excluded and
deported".
Subsec. (b). Pub. L. 104-208, Sec. 324(b), inserted "(or not
during)" after "during" in concluding provisions.
Pub. L. 104-208, Sec. 308(e)(1)(K), substituted "removal" for
"deportation" wherever appearing in pars. (1) and (2) and in
concluding provisions.
Subsec. (b)(2). Pub. L. 104-208, Sec. 305(b)(1), struck out "or"
at end.
Subsec. (b)(3). Pub. L. 104-208, Sec. 305(b)(2), inserted "or" at
end.
Pub. L. 104-132, Sec. 401(c), added par. (3).
Subsec. (b)(4). Pub. L. 104-208, Sec. 305(b)(3), added par. (4).
Subsec. (c). Pub. L. 104-132, Sec. 438(b), added subsec. (c).
Subsec. (d). Pub. L. 104-132, Sec. 441(a), added subsec. (d).
1994 - Subsec. (b). Pub. L. 103-322, in par. (1), inserted "three
or more misdemeanors involving drugs, crimes against the person, or
both, or" after "commission of" and substituted "10" for "5", in
par. (2), substituted "20" for "15", and added concluding sentence.
1990 - Subsec. (a). Pub. L. 101-649 substituted "shall be fined
under title 18, or imprisoned not more than 2 years" for "shall be
guilty of a felony, and upon conviction thereof, be punished by
imprisonment of not more than two years, or by a fine of not more
than $1,000".
1988 - Pub. L. 100-690 designated existing provisions as subsec.
(a), substituted "Subject to subsection (b) of this section, any
alien" for "Any alien", and added subsec. (b).
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of this title.
REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
AND DEPORTATION
For purposes of carrying out this chapter, any reference in law
to an order of removal is deemed to include a reference to an order
of exclusion and deportation or an order of deportation, see
section 309(d)(2) of Pub. L. 104-208, set out in an Effective Date
of 1996 Amendments note under section 1101 of this title.
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