Criminal Defense of Immigrants
§ 7.26 (B)
For more text, click "Next Page>"
(B) Safe Haven Jurisdiction Chart. The following chart indicates removal grounds that list certain jurisdictions, and which do not:
Jurisdiction Safe Haven Chart
This chart shows which jurisdictions (e.g., federal, state, local) are expressly listed in a ground of deportation or inadmissibility so as to trigger that ground. Where there is no check mark, counsel can argue Congress did not intend for a conviction from that jurisdiction to trigger the ground.
Listed Jurisdiction(s): None Federal State Foreign Local Indian
Ground of Deportation
Aggravated Felony [127] x x x[128]
Controlled Substances[131] x x x
Domestic Violence[132] x x x x
Unlawful Voting[135] x x x
Ground of Inadmissibility
Controlled Substances[136] x x x
Unlawful Voting[137] x x x
Totalitarian Party[138] x x x
Terrorist Activity[139] x x x
[127] INA § 101(a)(43)(after U), 8 U.S.C. § 1101(a)(43)(after U).
[128] Foreign convictions are included as aggravated felonies only if “the term of imprisonment was completed within the previous 15 years.”
[129] INA § 237(a)(2)(A)(i), 8 U.S.C. § 1227(a)(2)(A)(i).
[130] Foreign convictions are excluded if the court applies the presumption that Congress intended only to reach domestic convictions. Cf. Small v. United States, 544 U.S. 385 (April 26, 2005)(“convicted in any court” element of 18 U.S.C. § 922(g)(1) – federal felon-in-possession of firearm offense – excludes convictions suffered in foreign courts because of assumption Congress intended to reach only domestic convictions).
[131] INA § 212(a)(2)(A)(i)(II), 8 U.S.C. § 1182(a)(2)(A)(i)(II).
[132] INA§ 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i).
[133] INA § 237(a)(2)(C), 8 U.S.C. § 1227(a)(2)(C).
[134] See INA § 237(a)(2)(A)(i), 8 U.S.C. § 1227(a)(2)(A)(i).
[135] INA § 237(a)(6)(A), 8 U.S.C. § 1227(a)(6)(A).
[136] INA § 212(a)(2)(A)(i)(II), 8 U.S.C. § 1182(a)(2)(A)(i)(II).
[137] INA § 212(a)(2)(D)(i), 8 U.S.C. § 1182(a)(2)(D)(i).
[138] INA § 212(a)(3)(D)(i), 8 U.S.C. § 1182(a)(3)(D)(i).
[139] INA § 212(a)(3)(B)(iii), 8 U.S.C. § 1182(a)(3)(B)(iii).
