Your brother-in-law is likely in the custody of the U.S. Marshals pending criminal prosecution. Illegal re-entry is a criminal offense punishable by jail time and/or fine.
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Your brother in law has committed a crime by re-entering illegally. As my colleagues mentioned this can be considered a felony which would cause him to be with the US Marshals/
Alexus P. Sham-The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
As others have stated, illegal re-entry is a federal felony. Additionally, the fact that you said he has other charges could have something to do with US Marshals' custody as well.
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