Criminal Defense of Immigrants

(C)  Convictions of Local Courts.  The most common different types of legislative enactments in the United States are usually referred to as federal, state, and local laws.  Some of the grounds of removal specifically refer to state and local laws.  For example, the domestic violence deportation ground, [140] the unlawful voting deportation ground, [141] and the unlawful voting ground of inadmissibility[142] specifically refer to local law as well as the law of other jurisdictions.  In new legislation, as well, Congress specifically listed offenses under local law.[143] Congress, however, therefore chose not to include violations of local laws as a basis for removal under any other grounds, such as aggravated felony convictions or controlled substances convictions.

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

[141] INA § 237(a)(6)(A), 8 U.S.C. § 1227(a)(6)(A).

[142] INA § 212(a)(2)(D)(i), 8 U.S.C. § 1182(a)(2)(D)(i).

[143] The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472, Pub. L. 109-248, § 111(6) (July 27, 2006) (emphasis supplied).