§ 3.29

            The aggravated felony definition must be deemed to exclude convictions in violation of the law of an “Indian tribal government.”  Congress specifically included violations of Indian law in the domestic violence conviction deportation ground, but not in the aggravated felony deportation ground.[196]  Therefore, convictions in violation of the law of an Indian tribal government do not constitute aggravated felonies.  It is possible for non-tribal members to be convicted in tribal court under some circumstances.[197]

[196] INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i).

[197] Means v. Navajo Nation, 420 F.3d 1037 (9th Cir. Aug. 23, 2005) (Indian tribe may exercise inherent sovereign judicial power in criminal cases against persons who are not members of the tribe for crimes committed on the tribe’s reservation).

Other

CONVICTION - CRIMINAL OFFENSE -- TRIBAL OFFENSE
Congress knows how to refer to tribal 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).