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1949 (40 U.S.C. 484(i)), to take custody of the conveyance and dispose
of it under law; or
(4) dispose of the conveyance under a compromise made by the At-
torney General.
(d) PROOF IN FORFEITURE ACTION.—In a civil action brought to forfeit
a conveyance seized under this section, a person claiming the conveyance
has the burden of proof. However, the Attorney General first must show
probable cause in bringing the action. In deciding whether probable cause
exists, each of the following is prima facie evidence that an alien involved
in an alleged violation had not received prior authorization to come to,
enter, or reside in the United States or had come to, entered, or remained
in the United States unlawfully:
(1) a record of a judicial or administrative proceeding in which the
alien’s status was an issue and in which it was decided that the alien
had not received prior authorization to come to, enter, or reside in the
United States or had come to, entered, or remained in the United
States unlawfully.
(2) official records of the Immigration and Naturalization Service or
the Department of State showing that the alien had not received prior
authorization to come to, enter, or reside in the United States or had
come to, entered, or remained in the United States unlawfully.
(3) testimony by an immigration officer, having personal knowledge
about the alien’s status, that the alien had not received prior authoriza-
tion to come to, enter, or reside in the United States or had come to,
entered, or remained in the United States unlawfully.
(e) APPLICATION OF LAWS RELATED TO SEIZURES AND FORFEITURES
FOR VIOLATING CUSTOMS LAWS.—Laws related to the seizure, forfeiture,
and condemnation of property for violating the customs laws, disposition of
the property or the proceeds of sale of the property, compromise of the for-
feiture or a related claim, and award of compensation to an informer be-
cause of the forfeiture apply to a seizure or forfeiture under this section
if not inconsistent with this section. However, duties and powers of persons
in seizing and forfeiting property under the customs laws shall be carried
out by persons the Attorney General authorizes to conduct a seizure or for-
feiture under this section.
(f) INDIVIDUALS AUTHORIZED TO MAKE ARRESTS.—Only officers and
employees of the Service designated by the Attorney General, individually
or by class, and all other officers and employees who enforce criminal laws,
may make arrests for a violation of this section.
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§ 10148. Improper entry of aliens
(a) CRIMINAL OFFENSES.—An alien shall be punished as provided in sub-
section (b) of this section if the alien—
(1) enters or attempts to enter the United States—
(A) at a time or place not designated by an immigration officer;
or
(B) by a willfully false or misleading representation or the will-
ful concealment of a material fact; or
(2) eludes inspection or examination by an immigration officer.
(b) CRIMINAL PENALTIES.—An alien violating subsection (a) of this sec-
tion shall be—
(1) fined under title 18, imprisoned for not more than 6 months, or
both, for a first violation; and
(2) fined under title 18, imprisoned for not more than 2 years, or
both, for a subsequent violation.
(c) VENUE.—A proceeding under this section may be brought in any judi-
cial district in which the violation occurs or in which the alien is appre-
hended.
§ 10149. Reentry of deported aliens
(a) CRIMINAL PENALTY.—(1) Except as otherwise provided in this sec-
tion, an alien who has been arrested and deported or excluded and deported
and then enters, attempts to enter, or is found in the United States shall
be fined under title 18, imprisoned for not more than 2 years, or both.
(2)(A) In subparagraphs (B) and (C) of this paragraph, ‘‘deportation’’
includes an agreement to be deported to which an alien stipulates during
a criminal trial.
(B) If the alien’s deportation followed conviction of at least 3 misdemean-
ors involving drugs, crimes against the person, or both, or a felony (except
an aggravated felony) and the alien enters, attempts to enter, or is found
in the United States after November 17, 1988, the alien shall be fined
under title 18, imprisoned for not more than 10 years, or both.
(C) If the alien’s deportation followed conviction of an aggravated felony
and the alien enters, attempts to enter, or is found in the United States
after November 17, 1988, the alien shall be fined under title 18, imprisoned
for not more than 20 years, or both.
(b) NONAPPLICATION.—Subsection (a) of this section does not apply to
an alien—
(1) when the Attorney General specifically consents to the alien’s
reapplying for admission before the alien—
(A) reboards at a place outside the United States; or