11th Cir. Pattern Jury Instr. (Criminal) O97

8 U.S.C. § 1326

It’s a Federal crime for an alien to [enter] [be found in] the United States

after the alien had been [deported] [excluded] [removed].

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.

An “alien” is any person who isn’t a natural- born or naturalized citizen, or a

national of the United States.

A “citizen of the United States” is a person who was born within the United

States or naturalized through judicial proceedings. A person who was born outside

the United States is a citizen of the United States if both parents were United States

citizens and at least one of them had a residence in the United States before the

birth.

A “national of the United States” includes any United States citizen and any

noncitizen who owes permanent allegiance to the United States.