Criminal Defense of Immigrants

(E)  Tribal Convictions.  The same argument holds true for convictions rendered in tribal courts of American Indian tribes.  Congress specifically listed tribal courts or law in the domestic violence deportation ground.[148]  In addition, Congress recently provided in a non-immigration context that “The term `criminal offense’ means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) or other criminal offense.”[149]  Therefore, Congress must be presumed to have excluded convictions under tribal law as a basis for removal under any other ground.

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

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