The aggravated felony definition statute states: “The term [aggravated felony] applies to an offense described in this paragraph whether in violation of Federal or State law . . . .”[192]  Therefore, convictions for violating local law, such as a city or county ordinance, that do not have applicability throughout an entire state but only within a particular political subdivision of a state, are not included in the aggravated felony definition.  When Congress expressly included convictions for listed offenses in violation of “Federal or State law,” it did not include violations of local law, and so must be deemed to have intended to exclude them. 

 

Congress knew how to include violations of local law when it wished to, for example, in the domestic violence and unlawful voting grounds of deportation.[193]  It also included violations of local law in the unlawful voting ground of inadmissibility.[194]  Moreover, the U.S. Sentencing Guidelines define “felony” to include “any federal, state or local offense punishable by imprisonment for a term exceeding one year.”[195]

 

[192] INA § 101(a)(43), 8 U.S.C. § 1101(a)(43) (first sentence following subparagraph (U)).

[193] INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i); INA § 237(a)(6)(A), 8 U.S.C. § 1227(a)(6)(A).

[194] INA § 212(a)(2)(d)(i), 8 U.S.C. § 1182(a)(2)(D)(i).

[195] U.S.S.G. § 2L1.2, Application Note 1 (emphasis supplied).

Other

CONVICTION - CRIMINAL OFFENSE -- LOCAL OFFENSE
Congress knows how to refer to local criminal offenses if it wishes to do so. For example, Congress recently provided, with respect to a specific new statute, that "The term `criminal offense' means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) or other criminal offense." The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472, Pub. L. 109-248, 111(6) (July 27, 2006).