A conviction must occur in a jurisdiction that is listed in the aggravated felony statute before it will trigger deportation.  Only certain jurisdictions are listed in the statute.  See § 3.21, infra.  They include federal convictions, see § 3.22, infra; state convictions, see § 3.23, infra; and foreign convictions, see § 3.24, infra, but for foreign convictions only if the person was released within the last 15 years.  See § 3.25, infra.  Foreign convictions are subject to other special requirements before they can trigger adverse immigration consequences.  See § 3.26, infra.

 

            Convictions in violation of the law of any Indian tribal government, or unit of local government, however, are not listed in the aggravated felony statute.  See § § 3.28-3.29, infra.[131]  Convictions in military courts are not specifically listed unless they are considered to be violations of federal law.  See § 3.30, infra.  If a person has been convicted of a crime under the law of a jurisdiction that Congress did not list as falling within the aggravated felony definition, immigration counsel can argue that the conviction does not constitute an aggravated felony.[132]

 

[131] Compare INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i) (domestic violence conviction definition specifically includes violations of the law of an “Indian tribal government, or unit of local government.”).

[132] See N. Tooby & J. Rollin, Safe Havens: How to Identify and Construct Non-Deportable Convictions § 3.34 (2005).

Other

CONVICTION - JURISDICTION
Congress knows how to identify specific jurisdictions when it wishes to do so. For example, Congress recently provided, with respect to a specific new statute, that "The term `jurisdiction' means any of the following: (A) A State. (B) The District of Columbia. (C) The Commonwealth of Puerto Rico. (D) Guam. (E) American Samoa. (F) The Northern Mariana Islands. (G) The United States Virgin Islands. (H) To the extent provided and subject to the requirements of section 127, a federally recognized Indian tribe." The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472, Pub. L. 109-248, 111(10) (July 27, 2006).