Aggravated Felonies

            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).