Aggravated Felonies

(B)  Foreign Conviction of Member of U.S. Armed Forces.  Using similar reasoning, the BIA previously ruled that a noncitizen’s conviction in a foreign court while serving in the U.S. Army overseas does not incur deportability.[205]  The elimination of judicial recommendations against deportation by the Immigration Act of 1990 may have undermined the reasoning of this decision.[206] 

[205] 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), since the French court lacks authority to make a binding recommendation against deportation).  See also Costello v. INS, 376 U.S. 120 (1964). 

[206] Immigration Act of 1990, Pub. L. No. 101-649, § § 505, 602, 104 Stat. 4478, 5050, 5077.  See generally Gordon § 71.05[1][e][ii].