Safe Havens

(B)  Foreign Aggravated Felony Convictions.  Foreign aggravated felony convictions do not fall within the aggravated felony definition if the release from imprisonment occurred more than 15 years ago. The Immigration Act of 1990, effective November 29, 1990,[325] added a provision to the aggravated felony definition, applying it to foreign convictions of listed offenses for which the term of imprisonment was completed within the past 15 years.[326]  The statute defining aggravated felonies includes certain foreign convictions as aggravated felony convictions: “The term [‘aggravated felony’] applies to an offense described in this paragraph . . . in violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years.”[327]  This time continues to run.  Thus, if the government does not discover the existence or nature of the foreign conviction until 15 years have elapsed since the date on which the noncitizen was released from the custody imposed as a result of the foreign conviction, the conviction no longer constitutes an aggravated felony conviction.

[325] Immigration Act of 1990, Pub. L. 101-649, 104 Stat. 4978  (November 29, 1990).

[326] INA § 101(a)(43), 8 U.S.C. 1101(a)(43) (first paragraph following (U) provides: “The term [aggravated felony]  . . . applies to such an offense in violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years.”).

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