1. "at any time or place other than as designated by immigration officers,"
2. by an alien who "eludes examination or inspection by immigration officers," or
3. by an alien who obtains entry by making "a willfully false or misleading representation or the willful concealment of a material fact."

Felony illegal entry requires proof of alienage, proof of one of the three modes of entry listed above, and proof of a previous conviction for illegal entry. To prove a prior conviction for illegal entry, the government will usually, but is not required to, introduce into evidence a certified copy of the conviction.

To obtain a conviction for reentry after deportation, in violation of 8 U.S.C. §1326, the government must prove the individual is
an alien

1. whom the government previously deported
2. that has reentered, or that the government has found in, the United States
3. without permission of the Attorney General.

Contact Vladimir Gagic at his Phoenix or Scottsdale offices today.