- Noncitizen with no criminal history and no deportations/removals generally gets a time served sentence.
- Those with criminal history, but no deport/removal face more time -
typically 5-30 days depending upon the prior.
- Those with a prior deport/removal are charged with 1325 (petty) and 1326
(felony). If they take the 1325 plea agreement with its stipulated
sentence, the 1326 is dismissed. The parties agree to waive the PSR. One
removal/deport typically gets 30 days. A second removal/deport 60 days
etc. If there is criminal history and a deport/removal the sentences may
be higher than for those without criminal history.

Thanks to Deirdre M. Mokos, Assistant Federal Public Defender, Tucson, Arizona