Aggravated Felonies
§ 3.29 b. Violations of Indian Tribal Law
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§ 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).