(I)  Foreign Conviction of Member of U.S. Armed Forces.  The BIA ruled that a noncitizen’s conviction in a foreign court while serving in the U.S. military overseas does not trigger deportability.[187]  The elimination of judicial recommendations against deportation by the Immigration Act of 1990 may have undermined the reasoning of this decision.[188]  See § 3.30, infra.

[187] Matter of Gian, 11 I. & N. Dec. 242 (BIA 1965) (conviction by a French criminal court while serving overseas as a member of the United States Army may not serve as a basis for deportation under INA § 241(a)(4), 8 U.S.C. § 1231(a)(4), since the French court lacked authority to make a binding recommendation against deportation).  See also Costello v. INS, 376 U.S. 120 (1964). 

[188] Immigration Act of 1990, Pub. L. No. 101-649, § § 505, 602, 104 Stat. 4478, 5050, 5077.  See generally C. Gordon, S. Mailman, & S. Yale-Loehr, Immigration Law and Procedure § 71.05[1][e][ii] (2004).

Other

SAFE HAVEN - STATE REHABILITATIVE RELIEF - PRIOR FOREIGN CONVICTION DOES NOT DISQUALIFY DEFENDANT FROM FFOA TREATMENT
The Federal First Offender Act, 18 U.S.C. 3607(a)(1), does not permit an expungement if the defendant has prior to the commission of the current offense suffered a conviction under "Federal or State" law. This provision does not include foreign convictions as a disqualification for this relief.